3 ms·
> The wrinkle here is that the detainee is not on US soil and thus no federal court has territorial jurisdiction to grant habeas relief. I don't think that's t
by anarazel 9y ago
> The wrinkle here is that the detainee is not on US soil and thus no federal court has territorial jurisdiction to grant habeas relief.
I don't think that's true / settled law for US citizens. The current problem rather is that the of identity is unknown, making it hard to establish standing as a next friend to ask for habeas relief. Therefore ACLU is asking for it to be allowed to act as such, arguing that it can't be the case that keeping the identity secret prevents everybody from acting as next friend. Which seems like a pretty fair argument.
Andres
- chiefalchemist 9y agoNot settled is the key. If there's a gray area then efforts like this aim to exploit that, until it's settled. And then they'll move on to finding the next loop hole.