Judge rules that man once jailed for terrorism crimes must be freed from center

https://www.democratandchronicle.com/story/news/2020/06/30/judge-rules-adham-amin-hassoun-jailed-terrorism-crimes-freed-batavia-detention-fbi-dhs-patriot-act/3283962001/

https://www.aclu.org/legal-document/hassoun-v-searls-decision-and-order-release

Second link is to the Opinion of the Court in ADHAM AMIN HASSOUN, Petitioner, v. JEFFREY SEARLS, in his official capacity as Acting Assistant Field Office Director and Administrator of the Buffalo Federal Detention Facility, Respondent. This was a habeas proceeding.

United States District Judge Elizabeth A. Wolford of the Western District of New York, sitting at Rochester, presided over this case.

Bottom line is that the Federal Government cannot simply declare Mr. Hassoun “dangerous” and hold him for life without any judicial oversight. That turd so-called “Patriot” Act notwithstanding.

Hassoun will be released, under significant conditions, pending his deportation to a country willing to accept him.

Sorry, the United States doesn’t do forever imprisonment, except to those who have been duly sentenced to such term. This was the right decision.

Due process applies to everybody, including scumbags.

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On the face of it it sounds reasonable particularly if he was in the US when captured.

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U.S. District Judge Elizabeth Wolford ruled that Adham Amin Hassoun, who was being detained indefinitely under a Patriot Act regulation, must be released with strict conditions. She ordered his release by noon Thursday

The case represented a clash between the executive and judicial branch, with the highest ranking officials in the FBI and the Department of Homeland Security claiming Hassoun is dangerous and likely to engage in terrorist activities if released.

I’d release him in the judge’s front yard. :sunglasses:

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Let the judge’s home be a half way house for this terrorist.

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What was he convicted of and what jail term was handed down?

He was convicted of conspiracy with and providing material support for José Padilla. He was sentenced to 15 years in 2007. However, with time served and normal Federal gain time rules his sentenced expired in 2017. He was actually briefly released from custody before the Trump administration invoked a previously unused provision of the Patriot Act to confine him indefinitely.

The “problem”???

Hassoun is officially a “stateless” person. He was born to Palestinian parents in Lebanon. He cannot go to Palestine as Israel rejects the right of return. Lebanon does not recognize him as a citizen by birth.

United States law forbids deporting a stateless person. So we are stuck with him unless/until we can found a Middle East country that will agree to grant him entry and residence.

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We release hundreds of dangerous people from local jails and State and Federal prisons everyday of the year. When there sentences are up, they walk free.

Murderers, including vicious gang murderers.
Rapists.
Child molesters.

Many of these folks are more dangerous than Hassoun by many degrees.

Child molesters we know are extremely likely to re-offend, yet we release them under strict requirements.

We don’t know if Hassoun will re-offend. And he is being released under very strict requirements.

I think with the strict control and surveillance that Hassoun will be under, he will not be a threat until the day comes that we can find a country willing to take him.

We release way too many criminals. Two wrongs do not make or equal a right.

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@Safiel Thanks for that I knew you would be able to explain to me much appreciated

I’d put that a different way. Once your sentence is completed you should be released. The debt to society has been repaid at that point.

That said, some sentences for heinous actions are far too light.

Like a recent case where a 1st grade teacher was convicted of molesting over 20 kids. He received 8 years.

People get more time than that for tax evasion.

The problem is that unlike most wars this one is going to be open ended and these are illegal enemy combatants vs legitimate POW’s.

In most cases there isn’t enough evidence to convict them in a US court and we can’t hold them forever or simply execute them so at some point they have to be released.

Unless there’s enough evidence for a conviction for treason they can’t be stripped of their citizenship (US terrorists) and deported either.

If we deport terrorists no matter where born odds are they will just go back to the fight.

It’s a ■■■■■■ deal with no good answer.

Lots of prisoners have been released during this virus before completing their sentence. Some have committed new crimes already.

Meanwhile a woman operating a beauty shop went to jail. :roll_eyes:

Also i view a terrorist differently. If a true terrorist then never release him.

Kinda sums this particular situation up well.

As I indicated earlier, Hassoun is a stateless person. Under both enacted United States domestic law and Treaties to which the United States has signed and ratified, stateless persons cannot be deported, unless another country is willing to accept them and take responsibility for them.

Unless and until another nation offers to accept Hassoun and grant him residence, the United States is stuck with him. Hassoun has completed his lawful prison term and must be released.

It is doubtless that Hassoun will be tracked and surveiled and in any event, the United States could not show that he currently presents any major danger.

Not the ideal situation by any means, but the consequence that Hassoun’s stateless status presents us with.

What’s a “true terrorist”?

The 911 style terrorists though i think you already know what a true terrorist is.

Sure. But we could both probably start listing a bunch of people who were at one time or another labeled and/or convicted of being a “terrorist” and then ended up somewhere between reformed or global heroes, or still a terrorist.

I asked just to make a light point about it not being as clear cut as your statement implied.

Obviously that’s not the hang-up in the case of the OP, this terrorist was convicted and served his time, now we just don’t know where to put him.

UPDATE:

The Trump administration has indicated that an undisclosed third country agreed to take Hassoun and he has already been deported from the United States to that country.

A successful and proper outcome.

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I’m sure the Jihadist is cured now and presents no danger. :roll_eyes:

Now he’s off US soil and a legit military target. :grin:

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