Judge Sentelle Strikes Again!

The ruling was based on the outrageous supposition that Guantanamo Bay prison is not US territory, and therefore excludes any claim of habeas corpus. The two prevailing judges insist that Guantanamo is a leased property that falls under Cuban sovereignty.

So, move the prisoners to the US and restore their rights as human beings being held by the government of the United States of America. Yeah, right.

For the record, this decision is consistent with the political record Sentelle has compiled on the bench. Bear in mind that this protégé of Sen. Jesse Helms was appointed to the U.S. District Court for the Western District of North Carolina by President Ronald Reagan in 1985. He was appointed to his current position to replace Antonin Scalia in 1987.

Simple!

[peacefinder]

They should file their claims under Cuban law, requesting immediate transfer to Cuban custody.

I'm sure Fidel would be only too happy to offer to take 'em off our hands. But if the Cuban government declines, or we decline to hand over custody of the prisoners, then this silly legal theory will be completely torpedoed.

Re:

[Jeremiah Cornelius]

You sound dangerously like a member of the "Reality based community".

black-robed elitists

[vague_ascetic]

The two prevailing judges insist that Guantanamo is a leased property that falls under Cuban sovereignty.

The real Constitutional standard is not stated with such specificity though:

United States Constitution; Article XIII; Section 1:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

The standard the Appellate court should have used is obviously