'Terrorist Expatriaton Act' would strip American citizens of their citizenship

Ought Six · 05-06-2010, 03:03 PM

http://www.businessweek.com/news/201...-update1-.html

From what I have been able to determine, no conviction on terrorism charges is required. All the government has to do is provide some evidence that you have joined a foreign terrorist org, and voilà!; you are no longer a citizen.

Lars · 05-06-2010, 03:36 PM

"Lieberman Bill Strips Terror Suspects of Citizenship"

Good for Joe.

Ought Six · 05-06-2010, 03:53 PM

So if the government just says they have evidence that you are a terrorist, you lose your citizenship, apparently without any due process or right to appeal. Then, being classified as a 'foreign terrorist', you are eligible for such things as being assassinated by special forces or a drone attack. And you are okay with that? Are you insane ?!?

Fortunately, chances are the SCotUS will strike down this abomination unless adequate due process is guaranteed in the bill.

Sysiphus · 05-06-2010, 05:16 PM

If they have right to appeal, then it may satisfy due process requirements. Presumably, the appeals process will be substantive.

Ought Six · 05-06-2010, 05:27 PM

An appeal process would only allow you due process *after* you have been stripped of your citizenship. That would be outrageous, and I believe, completely unconstitutional.

Sysiphus · 05-06-2010, 05:43 PM

Well you said there is no right to appeal. The article states very clearly that there is. And, there have been numerous Supreme Court decisions which have held that after the fact "safety valves", such as substantive appeal processes, constitute due process. Of course, there is a balancing test, as there always is with the Supremes.

Potemkin · 05-06-2010, 05:45 PM

I am going to bet they mean naturalized citizen not natural born citizen.

They could ship a naturalized citizen back, but what would they do with a natural?

Do the "Man without a country" routine?

The SCOTUS will have a good time with this one.

Ought Six · 05-06-2010, 05:49 PM

So they declare someone to be a 'terrorist' on Friday at 4PM, precluding any filing of an appeal. Two hours later, they launch the Predator drone carrying a Hellfire missile or two with the person's name on it. Five hours later, he is dead.

"But it was legal! He the right to appeal the decision...."

Lars · 05-06-2010, 07:38 PM

Quote:

Originally Posted by Ought Six

So they declare someone to be a 'terrorist' on Friday at 4PM, precluding any filing of an appeal. Two hours later, they launch the Predator drone carrying a Hellfire missile or two with the person's name on it. Five hours later, he is dead.

"But it was legal! He the right to appeal the decision...."

Talk about tin foil hats

Sysiphus · 05-06-2010, 07:14 PM

Well that would definitely not be due process, 06. Like I said, the courts will apply a balancing test instead of a bright line test. I'm not sure how it will come out, but as I noted there are some precedents for it being ruled OK by the courts.

Ought Six · 05-06-2010, 07:23 PM

Yes, if he had any survivors, they could sue after he was blown to shreds for lack of due process. The U.S. taxpayer would pay the settlement years later, after the case finally came to a conclusion in court years later. I feel much better about this now.

Glockd · 05-06-2010, 07:50 PM

Ok, not that I think much of the idea of stripping citizenship for those born here, stripping it from those who obtained it to harm this county, I'm all for.

As for the Hellfire stuff. Ya gotta admit, it'd make the commute more lively.

Ought Six · 05-06-2010, 07:55 PM

L:

Quote:

"Talk about tin foil hats"

So you seriously think that our fedgov would be incapable of such an abuse? Really?