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No, not Parker, but I wonder if this means good things for Parker? It is a detainee habeas claim:

http://media.washingtonpost.com/wp-srv/ ... 022007.pdf

The detainees encounter another difficulty with their Suspension Clause claim. Precedent in this court and the Supreme Court holds that the Constitution does not confer rights on aliens without property or presence within the United States. As we explained in Al Odah, 321 F.3d at 1140-41, the controlling case is Johnson v. Eisentrager. There twenty-one German nationals confined in custody of the U.S. Army in Germany filed habeas corpus petitions. Although the German prisoners alleged they were civilian agents of the German government, a military commission convicted them of war crimes arising from military activity against the United States in China after Germany’s surrender. They claimed their convictions and imprisonment violated various constitutional provisions and the Geneva Conventions. The Supreme Court rejected the proposition “that the Fifth Amendment confers rights upon all persons, whatever their nationality, wherever they are located and whatever their offenses,†339 U.S. at 783.

The Court continued: “If the Fifth Amendment confers its rights on all the world . . . [it] would mean that during military occupation irreconcilable enemy elements, guerrilla fighters, and ‘werewolves’ could require the American Judiciary to assure them freedoms of speech, press, and assembly as in the First Amendment, right to bear arms as in the Second, security against ‘unreasonable’ searches and seizures as in the Fourth, as well as rights to jury trial as in the Fifth and Sixth Amendments.†Id. at 784. (Shortly before Germany’s surrender, the Nazis began training covert forces called “werewolves†to conduct terrorist activities during the Allied occupation. See http://www.archives.gov/iwg/declassified_records/oss_ records_263_wilhelm_hoettl.html.)
 

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I really would like to see how they could wiggle out of Parker now.

There own finding that the 2nd is individual with SCOTUS's recent standing ruling, that almost kills everything DC was arguing.
 

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Gunstar1 said:
I really would like to see how they could wiggle out of Parker now.
They'll find a way.
 
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