o/t - Gitmo Question

David / Amicus

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Jun 6, 2013, 7:49:54 PM6/6/13

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On the news they were saying that one reason some don't want the Gitmo
detainees brought to the USA is because that would give them
"Constitutional rights" which they don't now have at Gitmo.

But isn't Gitmo a part of the USA?

David Johnston

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Jun 6, 2013, 9:41:36 PM6/6/13

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No. It is not. It's actually a part of Cuba occupied by the American
military.

Porter Smith

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Jun 6, 2013, 9:49:31 PM6/6/13

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Ami...@webtv.net (David / Amicus) wrote in news:20384-51B12022-4089
@storefull-3171.bay.webtv.net:

US Naval Station Guatanamo Bay is leased from Cuba. Like all military
bases in foreign countries, it is not considered part of the US.

However embassies and consulates are considered "US soil", as are US Navy
vessels and US Air Force planes that happen to be parked (or flying over)
another country.

David / Amicus

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Jun 7, 2013, 12:07:14 AM6/7/13

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Thanks for the answer.

theget

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Jun 7, 2013, 10:08:12 PM6/7/13

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http://en.wikipedia.org/wiki/Downes_v._Bidwell

David Johnston

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Jun 8, 2013, 1:02:27 PM6/8/13

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Of course Guantanamo isn't even a territory.

David Johnston

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Jun 8, 2013, 1:11:12 PM6/8/13

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On 6/6/2013 7:49 PM, Porter Smith wrote:
> Ami...@webtv.net (David / Amicus) wrote in news:20384-51B12022-4089
> @storefull-3171.bay.webtv.net:
>
>> On the news they were saying that one reason some don't want the Gitmo
>> detainees brought to the USA is because that would give them
>> "Constitutional rights" which they don't now have at Gitmo.
>>
>> But isn't Gitmo a part of the USA?
>>
>>
> US Naval Station Guatanamo Bay is leased from Cuba. Like all military
> bases in foreign countries, it is not considered part of the US.
>
> However embassies and consulates are considered "US soil",

People say that, but it's not true. Suppose that I decide it would be
funny to visit the American embassy in London and murder some random
person at a party or something. How do you think that would be handled?
Well the Americans could take me down into the basement and torture me
to find out what terrorist group I'm working for. Diplomatic immunity
lets them do that. The English police can't come in without permission
for the same reason. But all they want to do is have me put on trial to
face the legal consequences of my misdeeds, what they do is turn me over
the local authorities, because the embassy is on British soil and their
laws apply. Just not to actual embassy personnel because immunity.

http://uk.answers.yahoo.com/question/index?qid=20070110055033AArqDLB

Martin Edwards

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Jun 9, 2013, 2:38:17 AM6/9/13

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Some years ago the American miltary dealt with an allegation of murder
by a soldier in Essex. Are criminal allegations against service
personnel extra-territorial?

--
Myth, after all, is what we believe naturally. History is what we must
painfully learn and struggle to remember. -Albert Goldman

David Johnston

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Jun 9, 2013, 3:41:17 AM6/9/13

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Military personnel operate under their own system of justice and how
incidents like that are handled is covered under the terms of the treaty
covering the stationing of AMerican troops with their ally.

theget

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Jun 9, 2013, 10:54:01 PM6/9/13

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If someone gives birth in the US embassy in London is the child a US
citizen?

Suppose that the wife of a foreign ambassador in the US gives birth in
that country's embassy? Under jus soli and the Fourteenth Amendment
is that child a US citizen?

Martin Edwards

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Jun 10, 2013, 2:43:51 AM6/10/13

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Thanks.

David Johnston

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Jun 10, 2013, 3:29:44 AM6/10/13

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Not if both parents are foreign.

>
> Suppose that the wife of a foreign ambassador in the US gives birth in
> that country's embassy? Under jus soli and the Fourteenth Amendment
> is that child a US citizen?

They are not. Foreigners in the United States in a diplomatic capacity
are specifically excluded from being able to give birth to citizens

jack

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Jun 10, 2013, 9:43:46 AM6/10/13

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Doesn't the US government pay rent on the territory to the Cuban government and that government in turn refuses to accept the payment?

David Johnston

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Jun 10, 2013, 12:00:07 PM6/10/13

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I believe so. It's a token sum.