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Lawyers Seek Due Process for American Citizen Detained in Iraq

By TChris, Section Terror Detainees
Posted on Wed Feb 08, 2006 at 07:57:55 AM EST
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by TChris

Shawqi Ahmad Omar, an American citizen, has been detained in Iraq for more than a year. No charges have been filed, and he's had no access to a lawyer. His wife says he traveled to Iraq to seek construction contracts, while the military insists that Omar was harboring insurgents and plotting against the interests of the United States.

If Omar is placed on trial for treason, with counsel and an opportunity to confront his accusers, the truth might come out. The Bush administration has an aversion to the truth, and to due process; it prefers to hold Omar without being bothered to prove that he assisted insurgents.

Lawyers assisting Omar's wife have asked a federal court to protect Omar's rights, but the Justice Department argues that Omar has no rights. Besides, the Department contends, Omar isn't in American military custody. Rather, he's being held by the "Multi-National Force" -- the infamous "coalition of the willing." Omar's lawyers argue that the U.S. military is playing a shell game to thwart federal court jurisdiction.

While there are, in fact, other nations represented in the military coalition in Iraq, the detention system run by the military in Baghdad is widely regarded as an essentially American-led system. General Gardner has been described regularly in news reports as commander of the American-managed detention system in Iraq.

Omar's lawyers worry that the military will carry out its plan to hand Omar over to the Iraqi government (such as it is) to deprive American courts of jurisdiction. They've asked Judge Ricardo Urbina to block Omar's transfer to Iraqi custody.

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    • Lawyers Seek Due Process for American Citizen Detained in Iraq | 18 comments (18 topical)
    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#1)
    by Punchy on Wed Feb 08, 2006 at 09:07:50 AM EST
    Why hasn't the gov't just Padilla'd the guy? I'm stunned they haven't thrown the "enemy combatant (EC)" label on him. Are they afraid of another possible SC review if they did? I wish you lawyer-types could explain how an American citizen can be detained without charges (and a non-EC status). This is so blatantly against constitutional rights that I must be missing something.

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#2)
    by kdog on Wed Feb 08, 2006 at 02:41:55 PM EST
    but the Justice Department argues that Omar has no rights
    And he is an American citizen. If the govt. can strip him of his rights, they can do it to any of us. In a word...scary.

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#3)
    by jimakaPPJ on Thu Feb 09, 2006 at 06:11:20 AM EST
    From the NYT article:
    But the Justice Department, in its first formal response, said on Tuesday that the prisoner, Shawqi Ahmad Omar, was not a businessman who was in Iraq simply looking for construction contracts, as his lawyers assert. He is, department officials said in a brief, a close associate of Abu Musab al-Zarqawi, the leader of Al Qaeda in Iraq, and he may be guilty of war crimes. In its papers, the officials said that Mr. Omar had been captured in Baghdad harboring an Iraqi insurgent and four Jordanian foreign fighters who entered Iraq illegally and admitted that they went there to fight American forces. The officials added that the Jordanians said that Mr. Omar was plotting to kidnap foreigners from Baghdad hotels, using his fluency in English gained during his years in the United States. The government said that when he was arrested, his house contained weapons and materials for making improvised bombs.
    My first reaction is to bring this guy home, try him for treason and if convicted, hang him. On the other hand, how will the government be able to provide all the due process stuff that our CJ system calls for. I think we need a new rule, and perhaps the government is pressing it. If you go into an area that is controlled by the military, then you live by the military's rules.

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#4)
    by squeaky on Thu Feb 09, 2006 at 07:07:53 AM EST
    ppj-
    My first reaction is to bring this guy home, try him for treason and if convicted, hang him.
    You are starting to sound like you agree that the Constitution is our foundation, cruel and unusual punishment withstanding. Surprise, Surprise, Surprise.
    If you go into an area that is controlled by the military, then you live by the military's rules.
    Oh well, that surprise was short lived. If you haven't noticed the Chimp's been trying his darndest to make America an "area controlled by the military." Ever hear of a guy named Padilla? BTW-If you think that Iraq is controlled by the US military you are wrong on at least two counts.

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#5)
    by Talkleft Visitor on Thu Feb 09, 2006 at 07:20:15 AM EST
    If you go into an area that is controlled by the military, then you live by the military's rules. It could have some funny consequences for embeds: "Correspondent Blitzer! That facial hair is not regulation!"

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#6)
    by Edger on Thu Feb 09, 2006 at 07:22:23 AM EST
    the Justice Department argues that Omar has no rights
    No surprise on this point. He's an American Citizen after all... hmmmm? Maybe Terry Kindlon has some thoughts on this one for us?

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#7)
    by squeaky on Thu Feb 09, 2006 at 07:32:28 AM EST
    edger-Chimpy's position and that of his minions is that no American has any rights because he is the predisent, and can do as he pleases.

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#8)
    by Edger on Thu Feb 09, 2006 at 07:39:18 AM EST
    Except chimpy and friends?

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#9)
    by squeaky on Thu Feb 09, 2006 at 07:50:43 AM EST
    edger-well yes, someone has to protect us. Trust me.

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#10)
    by Talkleft Visitor on Thu Feb 09, 2006 at 08:15:10 AM EST
    Apparently JimakaPPJ's position is: If Bush is accused of a crime, he's innocent if he says he is. If anyone else is accused of a crime, they're guilty - there's no need to bother with anything like evidence or legal process. Of course, I have to wonder whether Jim includes himself in with Bush as entitled to declare himself innocent, no evidence required; or whether he includes himself in with those who are automatically guilty if accused, no evidence required. Let's find out. Jim, I accuse you of being a terrorist.

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#11)
    by Edger on Thu Feb 09, 2006 at 08:46:42 AM EST
    Awfully quiet around here again, Jesurgislac. That seems to work better than invoking "Goodwin's Law" ;-)

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#12)
    by jimakaPPJ on Thu Feb 09, 2006 at 11:54:07 AM EST
    Jesurgislac - Repeat after me. The crimes were committed in IRAQ. Iraq is a war zone. If you go into a war zone you should expect that the military is setting the rules. To further complicate things, the area has other military and other civilian governments involved. edger - Can't you read? Goodwin's Law
    Professor Goodwin, U of I, in 1981 made the observation that Usenet discussions gravitate downhill.
    You were likely referred to his page from being a participant in a discussion where Goodwin's Law was evoked due to improper word useage.
    So who actually did it? My source says a professor named Goodwin. Your source says a lawyer named Godwin.
    Godwin's Law (also Godwin's Rule of Nazi Analogies) is an adage in Internet culture originated by Mike Godwin on Usenet in 1990 that states:
    Perhaps some of you intripid nit pickers can provide proof of who actually deserves credit? To avert a scandal of miniscule porportions I shall henceforth call it: "Goodwin's or Godwin's Law" Kinda follows in the PC tradition of heshekind... ;-)

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#13)
    by Edger on Thu Feb 09, 2006 at 12:22:07 PM EST
    I shall henceforth call it: "Goodwin's or Godwin's Law" I suggest PPJ's conjecture. ;-)

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#14)
    by jimakaPPJ on Thu Feb 09, 2006 at 06:56:27 PM EST
    edger - Well, do you really want to revist your suggestions????

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#15)
    by squeaky on Thu Feb 09, 2006 at 07:36:03 PM EST
    ppj-
    Professor Goodwin, U of I, in 1981 made the observation that Usenet discussions gravitate downhill
    Guess that you are proving that each time you post.

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#16)
    by Talkleft Visitor on Thu Feb 09, 2006 at 07:50:01 PM EST
    Why are all the threads turning into debates about the name and meaning of Goodwin/Godwin's Law?

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#17)
    by squeaky on Thu Feb 09, 2006 at 08:11:21 PM EST
    ppj

    Re: Lawyers Seek Due Process for American Citizen (none / 0) (#18)
    by Talkleft Visitor on Fri Feb 10, 2006 at 01:12:54 AM EST
    Jim: Jesurgislac - Repeat after me. The crimes were committed in IRAQ. Jim, repeat after me: what crimes? We know what he's been accused of. We do not know that he actually committed any crimes. There is no evidence, not even his own confession. Unlike, for example, George W. Bush, who admits to committing the crime of warrantless wiretapping, but claims he was entitled to break the law on account of being the President. Your further comments about Iraq being a war zone are irrelevant - just as your tedious inability to admit to a spelling mistake is irrelevant. So, again, Jim: do you include yourself in with President Bush as entitled to be presumed innocent without a trial, or do you include yourself in with all the rest - US citizens and non-US citizens - who must in your view be presumed guilty by accusation and condemned without any due process at all. Jim, I accuse you of being a terrorist.

    Lawyers Seek Due Process for American Citizen Detained in Iraq | 18 comments (18 topical)