Author Topic: For the legal eagles  (Read 1664 times)

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Offline CC27

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For the legal eagles
« on: March 29, 2025, 09:43:04 AM »
Quote
Horse with no Name

For the legal eagles
Can a writ of habeas corpus be filed on the people who have have been spirited away? Can they be subpoenaed?
I’m just wondering.

https://www.democraticunderground.com/100220187721

WTF are you talking about

Offline SSG Snuggle Bunny

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Re: For the legal eagles
« Reply #1 on: March 29, 2025, 10:00:39 AM »
Habeas corpus, translated literally, means, "have the body." It is a function of law where someone in the justice system appeals to a higher court for relief of some form of procedural injury. Appeals courts are reluctant to grant writs of habeas because they could/would be abused by every guilty party that has nothing to lose just to gum-up the courts.

On a Constitutional level habeas can only be suspended by Congress. Abraham Lincoln violated the Constitution by suspending HC on his own but he was retroactively indemnified. Don't go looking for Lincoln-Trump comparisons in the media, though.

To address Horse's Ass With No Brains, in normal times rights to a habeas petition would require subject matter and personal jurisdiction of the court, i.e. is this particular court competent - you wouldn't go to a civil claims court for a national security issue - and is the petitioner someone over whom the court has power. In other words, as a practical matter, could a court Marshall be sent to retrieve the petitioner without stepping on someone else's turf?
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Offline FlippyDoo

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Re: For the legal eagles
« Reply #2 on: March 29, 2025, 10:22:15 AM »
I suspect that the brainless horse's ass has been watching some Law & Order.
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Offline BannedFromDU

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Re: For the legal eagles
« Reply #3 on: March 29, 2025, 10:22:51 AM »
Habeas corpus, translated literally, means, "have the body." It is a function of law where someone in the justice system appeals to a higher court for relief of some form of procedural injury. Appeals courts are reluctant to grant writs of habeas because they could/would be abused by every guilty party that has nothing to lose just to gum-up the courts.

On a Constitutional level habeas can only be suspended by Congress. Abraham Lincoln violated the Constitution by suspending HC on his own but he was retroactively indemnified. Don't go looking for Lincoln-Trump comparisons in the media, though.

To address Horse's Ass With No Brains, in normal times rights to a habeas petition would require subject matter and personal jurisdiction of the court, i.e. is this particular court competent - you wouldn't go to a civil claims court for a national security issue - and is the petitioner someone over whom the court has power. In other words, as a practical matter, could a court Marshall be sent to retrieve the petitioner without stepping on someone else's turf?



     Why are liberals so desperate to keep all the illegals they let into the country, anyway?
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Offline SSG Snuggle Bunny

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Re: For the legal eagles
« Reply #4 on: March 29, 2025, 12:29:51 PM »
     Why are liberals so desperate to keep all the illegals they let into the country, anyway?


They don't care about anything other than power. They don't want to win this legal contest because they love Tren de Argua, they want to win because they want us to lose and that becomes ammunition for later.
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Offline DefiantSix

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Re: For the legal eagles
« Reply #5 on: March 29, 2025, 12:41:50 PM »


     Why are liberals so desperate to keep all the illegals they let into the country, anyway?

Because they've established the precident of the Census Bureau counting EVERYBODY within the borders of the United States; legal, illegal, living, dead. Everybody. They've done this because apportionment - and it's ability to "redesign" the congressional districts and electoral votes is their only tenuous grasp on power at the moment, and they intend to hang onto it, like SSGT Bunny says.
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Offline SVPete

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Re: For the legal eagles
« Reply #6 on: March 29, 2025, 01:36:36 PM »
Dear Horse with no Brain,

US writs of Habeas Corpus have no authority in El Salvador. And the current President of the US won't arm-twist them into honoring it.
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Offline BannedFromDU

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Re: For the legal eagles
« Reply #7 on: March 29, 2025, 01:37:01 PM »
Because they've established the precident of the Census Bureau counting EVERYBODY within the borders of the United States; legal, illegal, living, dead. Everybody. They've done this because apportionment - and it's ability to "redesign" the congressional districts and electoral votes is their only tenuous grasp on power at the moment, and they intend to hang onto it, like SSGT Bunny says.


     But they haven't gotten the voting results they expected. Seems weird to want more of what doesn't work, but then again, we are talking about Democrats.
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Offline ADsOutburst

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Re: For the legal eagles
« Reply #8 on: March 29, 2025, 02:48:01 PM »
I don't know if DU is the place I would look for legal eagles.

Offline DefiantSix

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Re: For the legal eagles
« Reply #9 on: March 29, 2025, 02:52:07 PM »
I don't know if DU is the place I would look for legal eagles.

Like the Devil said to God in the old joke: "Where the Hell [else] are YOU going to find an attorney?"
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Offline Happy Fun Ball

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Re: For the legal eagles
« Reply #10 on: March 29, 2025, 04:44:15 PM »


Also, what did they do at imgur? I can't simply upload pictures anymore. They think I want to make a meme or something.

Offline 67 Rover

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Re: For the legal eagles
« Reply #11 on: March 29, 2025, 07:34:41 PM »
I don't know if DU is the place I would look for legal eagles.

Only if you were looking to scam the SSDI program.
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Offline DefiantSix

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Re: For the legal eagles
« Reply #12 on: March 29, 2025, 08:50:11 PM »
Only if you were looking to scam the SSDI program.

Hey!

You have to admit that the "private attorney general" Steven "Laser" Haas was right on the heels of that elusive Dick Cheney. 24 more bid'ness hours, and he'd have had Cheney dead to rights...  :rotf: :rotf: :rotf:
"Stand your ground. Don't fire unless fired upon, but if they mean to have a war, let it begin here."
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"I'm not looking for forgiveness, and I'm way past asking permission"
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Offline CollectivismMustDie

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Re: For the legal eagles
« Reply #13 on: March 30, 2025, 12:31:01 PM »
Hey!

You have to admit that the "private attorney general" Steven "Laser" Haas was right on the heels of that elusive Dick Cheney. 24 more bid'ness hours, and he'd have had Cheney dead to rights...  :rotf: :rotf: :rotf:

That 'I am owed beer and travel money' fella always sounded legally knowledgable, they should ask him.

Letmypeoplecheat always has something to say about legalities, too.

 :rotf:
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Offline Airwolf

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Re: For the legal eagles
« Reply #14 on: March 30, 2025, 10:58:10 PM »
I don't know if DU is the place I would look for legal eagles.

That is what you get from people that got their education from watching Matlock and Perry Mason.
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Offline SSG Snuggle Bunny

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Re: For the legal eagles
« Reply #15 on: March 31, 2025, 12:32:11 AM »
I don't know if DU is the place I would look for legal eagles.

It's a sanctuary website for illegal eagles.
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