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How the FBI Can Detain, Render and Threaten Without Risk (nytimes.com)

schwit1 writes: Patrick Eddington has a disturbing article in the NY Times about a court decision that seems to give U.S. law enforcement agencies the ability to have an American citizen sent from one foreign country to another for interrogation, to do that interrogation themselves, and to threaten the use of torture to get them to talk. "If this decision stands, it will mean that an American citizen overseas who is unlawfully targeted by the United States government for rendition, interrogation and detention with the help of a local government will have no form of redress in the courts." The case centers around Amir Meshal, a U.S. citizen who lived in New Jersey.

While Meshal was traveling abroad, he got caught up in a wave of refugees leaving Somalia for Kenya. There Kenyan authorities detained him, and FBI agents interrogated him. He was transported back to Somalia, and then to Ethiopia, where he had never visited. In Ethiopia, FBI agents once again quickly got access to Meshal, accusing him of being trained for terrorism in Al-Qaeda camps. They threatened him and denied access to lawyers.

Months later, when he was released, he returned to the U.S. He has never been accused of a terrorism-related offense. He filed a lawsuit based on his Fourth and Fifth Amendment rights, but U.S. courts have thus far denied his claims. Eddington concludes, "The appellate court decision means that American citizens have no means available to hold the government accountable for violating their constitutional rights, simply because the United States conveniently denied those rights in another country of its choosing."

11 of 318 comments (clear)

  1. drones by ganjadude · · Score: 4, Insightful

    they have already killed an american overseas with a drone without due process. this seems tame in comparison.

    can we please elect someone who can actually fix things????

    --
    have you seen my sig? there are many others like it but none that are the same
    1. Re:drones by Scutter · · Score: 3, Insightful

      When increasing numbers of our younger citizens believe that the US Constitution is an out-dated relic with no contemporary relevance, it's no wonder our leaders behave with such contempt of the document.

      --

      "Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
    2. Re:drones by AK+Marc · · Score: 5, Insightful

      can we please elect someone who can actually fix things????

      Nope. Because the American People are more focused on taxes and sex than they are about the government committing murder.

    3. Re:drones by davester666 · · Score: 4, Insightful

      you are confused over who they represent. hint, it's not who voted for them.

      --
      Sleep your way to a whiter smile...date a dentist!
    4. Re:drones by nehumanuscrede · · Score: 1, Insightful

      Perhaps.

      But I'm pretty sure that the majority of folks who voted for Obama the past two elections, did so on his claims that he was going to fix everything that was evil / corrupt / wrong with government and the previous administration. We all know how that turned out :| He was SUPPOSED to be " THE ONE " to set everything straight. Get America back on track. Make it great again. . . . . . wait . . . any of this stuff sound familiar ? From current candidates perhaps ? :|

      Yeah, same rhetoric. Every four years. Same lies. Same outcomes. And nothing ever changes for the better. Hasn't for decades.

        That whole " Definition of Insanity " thing comes to mind here . . . .

      So basically, all the Obama administration did ( and while I'm picking on Obama because that was the platform he ran on . . . Hope and Change, this applies to pretty much all administrations past, present and future ) was show voters just how naive it is to believe anything that comes out of a politicians / candidates mouth.

      ( Most of the older voters have given up on the system long ago, so this mostly applies to the younger, inexperienced voting crowd )

      The problem is, the way the system is setup, there is an infinite amount of fresh, first time gullible voters to draw upon.

    5. Re:drones by CanadianMacFan · · Score: 3, Insightful

      Uh, you mixed up the order of your presidents there.

      Bush illegally invaded a country under false pretenses which lead to the death of hundreds of thousands of people (funny that you never hear that mentioned in the US, just the American casualties) and the rise of ISIS.

    6. Re:drones by Anonymous Coward · · Score: 1, Insightful

      I've said it before, and it apparently needs repeating. Voting for a candidate that CANNOT win is pretty much a stupid idea in a system where two parties generally are in control. Especially in the case of voting libertarian over republican. By all means, get involved in the primary process and support your favorite candidate, but when it come to the general election, Hold your nose and vote for a candidate that at least has a chance.

      As the democrats are so willing to point out, there is a bit of a rift developing in the republican party (Ok.. it's been evident for nearly 10 years now). There is a faction that is, like you, fed up with how the establishment republicans just seem to roll over and play dead. This "fed up" faction seems to be growing within the party and we are starting to see this play out in the nomination process. Jeb is flailing, working on his fifth or sixth reset/restart/rebranding but falling in the polls with money drying up. The anti establishment candidates (Trump, Carson and Cruz) are building support and now I think the establishment is actually beginning to push Rubio forward as an alternative to Bush. So what's this have to do with YOUR vote?

      Plenty actually. You see, the way you CHANGE the party is by doing it in the primary. You get candidates you CAN support nominated whenever and wherever you can, and this is what's been happening to the republican party of late. The establishment candidate has been starting to loose their primary fight, and even if they don't win the general election, the establishment candidate doesn't either, which helps push the party in your direction. But if you just choose to head to the libertarian party, your vote has little impact on the establishment and actually pushes us all further from your goals and ideals actually being implemented. You are wasting your vote in the general, which is exactly what the democrats, those folks who are even further away from your libertarian position than the republicans want you to do.

      If you won't vote democratic, they want you voting for a third party fringe candidate and not the republican. This is why they are pushing this "the republicans are divided" story and why they whish to play up the infighting and squabbles of the republicans and why they push folks like you off onto other third party choices which have no hope of winning. Don't give the democrats what they want, don't waste your vote... Fight in the primary, but hold your nose and vote for the closest candidate to your views who has a chance to win in the two party system, anything else is stupid IMHO.

    7. Re:drones by serviscope_minor · · Score: 3, Insightful

      No the problem is foolish SJWs like yourself trying to blame it on some loopy partisan theory. Rah rah my team! My party! You suck! We rock! If you stop your social justice bleating you will see that it's a non partisan issue. People with power in either party want more. The constitution's supposed to limit power, so it's got to go.

      So stop your tribalism ans pull your head out of your ass.

      --
      SJW n. One who posts facts.
    8. Re:drones by CanadianMacFan · · Score: 3, Insightful

      The US went to the UN looking to make the invasion legitimate like Afghanistan and couldn't provide the proof so they didn't get it. The US came to Canada and asked us to join them in Iraq. Our Prime Minister asked to see the proof of these WMDs and was told no. So our parliament voted to stay out of Iraq.

      The original reason for invading Iraq was weapons of mass destruction. I'm not inventing that reason. But the US invented their excuse.

      And the rise of ISIS wasn't caused by the US pulling out too early. The direct reason was the disbanding of the Iraqi army which created a large pool of idle people that were trained with weapons and given reason to not like the US. Of course that only happened because of the invasion.

  2. Re:No way to hold the government accountable. by Anonymous Coward · · Score: 0, Insightful

    You seem to view the government as a monolithic, single minded entity. Of course the reality is very different. Most government employees would probably find this ruling as abhorrent as you do, and are in a position of just as much power to do anything about it as you.

    Misplaced anger and improper ventilation will not solve this problem.

  3. Geheime Staatspolizei [Re:drones] by Geoffrey.landis · · Score: 2, Insightful

    Wrong? Not really, no.

    The U.S, Constitution-- heard of it?-- demands that the government cannot deprive citizens of life without due process of law.

    It is possible that the people hit by the drone strikes have had some legal process applied to who gets targeted... but due to the secrecy, we don't know that. From all the evidence I can see, the "due process" is that one CIA guy says "I think this person should be on the list."

    When I was a kid, you could tell which countries were dictatorships: those were the ones who had secret courts and secret police with secret powers with no limits and no oversight. In German, there is even a word for such secret police-- "Geheime Staatspolizei", literally "secret state police." More commonly called the Gestapo.

    Now I live in a country with secret courts and secret police. I don't like it.

    What is that due process, how is it implemented, and by whom? Without that question answered, we live in a dictatorship, and simply don't know it.

    --
    http://www.geoffreylandis.com