Showing posts with label habeas corpus. Show all posts
Showing posts with label habeas corpus. Show all posts

Friday, June 15, 2007

It was a crazy day, I also bought an ab-blaster

North Carolina DA Mike Nifong says he, "maybe got carried away a little bit" discussing the case of three Duke lacrosse players accused of raping a African American stripper.

Yes, maybe a touch carried away in torching the lives of three Duke students, their coach (resigned), and an entire sports program (suspended for the rest of the 2006 season).

Just reading some of Nifong's quotes for the Fox article in the last link.

"The circumstances of the rape indicated a deep racial motivation for some of the things that were done," Nifong said. "It makes a crime that is by its nature one of the most offensive and invasive even more so."

And,
"I needed to have the information about who will be charged," said District Attorney Mike Nifong said. "I feel pretty confident that a rape occurred."
Odd, with Mr Nifong's amazing gut, that all three students were cleared.

So now Mr Nifong may lose his lawyer license. Among the comments cited was this gem where he said "he wouldn't allow Durham to become known for 'a bunch of lacrosse players from Duke raping a black girl.'" That's at least somewhat ironic now, given all the media surrounding both the initial incident, and the current media all surrounding the fact that in Durham, a bunch of lacrosse players were incorrectly charged with raping a black girl by an out of control DA. Duke is now as much known for this incident as anything else. Congratulations Mr Nifong. Rarely have I ever witnessed such a complete failure in any endeavor. Just a loss across the board. Wow.

I really haven't been following any of this, but if the only thing Mr Nifong loses is his license to practice law...well that feels like a crime.

I know this will muddy the picture, but I have to point out that if any of these players were foreigners accused of anything having to do with terrorism, they would have not had the right of habeas corpus, the right to an attorney, the right to see the evidence against them (including the flawed DNA evidence), nor any type of jury by peers in front of a judge, and the rest of the tools and protections that freed these boys. The woman's accusation and Mr Nifong's gut would be more than enough to keep them locked up forever.

UPDATE: Nifong announced his surprise resignation today.

Thursday, March 08, 2007

Secret, Secret, the State's got a Secret.

Been following the legal case of Khaled el-Masri, a Lebanese born German citizen, and former terrorist suspect. He claims he was,

snatched while on a trip in Macedonia, taken to Afghanistan, jailed, beaten and harassed before being set free without charge after five months.
His request?
explanation and an apology from the United States for his detention, as well as 75,000 dollars in damages.
So he files suit, goes before a Judge, the Defense (the US Government) tells judge, "Hey we'd looooove to stand trial for all this, but unfortunately we can't. See we have this stupid 'state secret' problem. Man we hate that thing, its suuuuch a hassle. Anyway, can't help you, gotta go. Let's do lunch sometime."

Mr. Masri appealed. Defense comes in, says "State Secret" which is apparently Latin for "Screw off" and the appeal was denied. Also, in the appeal we find out that he was "sodomized with an object" while in custody, and while I'm sure that great fun was had by all, that seems like torture to me.

Let's review. A man was taken into custody, denied Habeus Corpus, denied access to a lawyer, taken to a foreign nation and tortured (which is expressly against US law), loses five months of his life (and I know how I felt when I lost 90 minutes of my life when I saw Date Movie), and is then told, "thank you for traveling with the CIA, go home now." Why? Prevailing guess is that his name is similar to someone else's, namely suspected terrorist Khalid al-Masri (wrong vowel leads to hurt bowel?).

The point isn't to rail against arresting an innocent man, it happens every day, and is just part of the legal/investigative process. The problem is that Mr Masri's wild ride was entirely avoidable. If he had the rights of habeas corpus, and the right to an attorney the mistake could have been caught early, avoiding trauma to Mr Masri and embarrassment to the US Government. Somehow habeas corpus and legal representation have come to mean support for the terrorists as opposed to support for the American way. Great marketing that, but entirely wrong.