Saturday, September 27, 2008

Viet Dinh Addresses National Security Symposium at Regent University

Georgetown professor Viet Dinh delivered a scathing review of the Supreme Court's truculent recent jurisprudence regarding rights of enemy combatants detained by U.S. military forces outside the U.S., whether in Iraq or Guantanamo.

Dinh said the Court's recent decisions have gone beyond judicial supremacy, beyond even judicial triumphalism, to something worse - judicial exclusivism, in which the legislative and executive roles have been reduced to the decision whether or not to suspend the right of habeas corpus.

Dinh notes that the current state of the law, which Chief Justice Roberts has described as "Constitutional bait-and-switch," grants more rights to enemy combatants than to Haitian refugee applicants and, indeed, to U.S. military personnel.

He says it is a result of Constitutional brinksmanship in which a majority of the Court has shown disdain for the Constitutional roles of Congress and the Executive roles in the War on Terror.

Monday, September 22, 2008

Tancredo Proposes Legal Firewall Against British-style Sharia

One wonders how long it would take the 9th Circuit, the federal appeals court that prevented the deportation of a Jamaican homosexual criminal child seducer, to invalidate the law proposed by Rep. Tancredo here. If Congress wants to enact a measure that will withstand the opposition of adversaries with lifetime appointments, it must be accompanied by a very clear statutory exclusion of federal judiciary jurisdiction.
Tancredo Proposes Anti-Sharia Measure in Wake of U.K. Certification of Islamic Courts

“Jihad Prevention Act” would deny U.S. visas to advocates of ‘Sharia’ law, expel Islamists already here

WASHINGTON, DC – Amid disturbing revelations that the verdicts of Islamic Sharia courts are now legally binding in civil cases in the United Kingdom, U.S. Representative Tom Tancredo (R-Littleton) moved quickly today to introduce legislation designed to protect the United States from a similar fate.

According to recent news reports, a new network of Sharia courts in a half-dozen major cities in the U.K. have been empowered under British law to adjudicate a wide variety of legal cases ranging from divorces and financial disputes to those involving domestic violence.

“This is a case where truth is truly stranger than fiction,” said Tancredo. “Today the British people are learning a hard lesson about the consequences of massive, unrestricted immigration.”

Sharia law, favored by Muslim extremists around the world, often calls for brutal punishment – such as the stoning of women who are accused of adultery or have children out of wedlock, cutting off the hands of petty thieves and lashings for the casual consumption of alcohol. Under Sharia law, a woman is often required to provide numerous witnesses to prove rape allegations against an assailant – a near impossible task.

“When you have an immigration policy that allows for the importation of millions of radical Muslims, you are also importing their radical ideology – an ideology that is fundamentally hostile to the foundations of western democracy – such as gender equality, pluralism, and individual liberty,” said Tancredo. “The best way to safeguard America against the importation of the destructive effects of this poisonous ideology is to prevent its purveyors from coming here in the first place.”

Tancredo’s bill, dubbed the “Jihad Prevention Act,” would bar the entry of foreign nationals who advocate Sharia law. In addition, the legislation would make the advocacy of Sharia law by radical Muslims already in the United States a deportable offense.

Tancredo pointed to the results of a recent poll conducted by the Centre for Social Cohesion as evidence that the U.S. should act to prevent the situation in Great Britain from replicating itself here in the United States. The poll found that some 40 percent of Muslim students in the United Kingdom support the introduction of Sharia law there, and 33 percent support the imposition of an Islamic Sharia-based government worldwide.

“We need to send a clear message that the only law we recognize here in America is the U.S. Constitution and the laws passed by our democratically elected representatives,” concluded Tancredo. “If you aren’t comfortable with that concept, you aren’t welcome in the United States.”

9th Circuit Halts Deportation of Homosexual Criminal Who Fears Persecution in His Native Jamaica

A federal appeals court has overturned a Board of Immigration Appeals order to deport a 30-year old Jamaican homosexual man after he was convicted of sexual abuse and contributing to the sexual delinquency of a minor.

The three-judge Ninth Circuit Court of Appeals panel held that the U.S. is not entitled to deport Damion Nathanial Bromfield to his native Jamaica, despite his criminal convictions, because of the risk that he might be persecuted.

The U.S. Department of Justice argued that the Ninth Circuit has no jurisdiction over Bromfield's case because he was found removable on the basis of his conviction for an aggravated felony. But the panel cited the Ninth Circuit's own Ramadan v. Gonzales, 479 F.3d 646, 649 (9th Cir. 2007) (per curiam), to justify its intervention on behalf of the foreign man.

The appellate panel's order "will require the (Immigration Judge) to consider the Jamaican law criminalizing homosexual conduct and the frequency with which that law is enforced," in adjudicating his removal, and the removal of any future homosexual criminal who expresses a similar fear of persecution in his homeland.

Circuit Judge Betty B. Fletcher wrote the opinion. Circuit Judge Richard A. Paez also sat on the panel, along with a federal district judge for the Northern District of California, William W. Schwarzer, sitting "by designation."

The full text of the opinion is at

What happens when illegal aliens get arrested?

by Chad Groening

A public-interest group that investigates and prosecutes government corruption has presented oral arguments in two separate California appellate cases dealing with illegal immigration.

In the first case, Judicial Watch has filed an appeal on behalf of a San Francisco resident, challenging the sanctuary policy of that city's police department. Judicial Watch president Tom Fitton says San Francisco police are prohibited from notifying federal immigration authorities when they arrest a suspected illegal immigrant for a narcotics offense.

"The appellate court heard arguments as to whether or not San Francisco's sanctuary policy should leave it immune from having to follow California state law that requires it to report to Immigration and Customs Enforcement anyone they suspect who's been arrested for narcotics offenses who is not an American citizen," Fitton explains.

The other appeal, according to Fitton, deals with an illegal alien day-labor site in Laguna Beach.

"We filed a lawsuit on behalf of taxpayers who object to tax dollars going to help illegal aliens get illegal jobs in violation of federal law," Fitton adds. "A lower court, unfortunately, didn't really want to address the issue in a way that we found appropriate, so we appealed, and the appellate court heard arguments there, too."

Fitton says California law requires the courts to publish their rulings within 90 days, so they should know something by Christmas.