Post #56673 by wzambon on the US Policy board

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...in a hospital bed despite him having a broken leg preventing him from walking. And without telling him why.

The Court finds that Petitioner has carried his burden of demonstrating irreparable harm. He is presently detained under restrictions that limit his access to counsel, medical providers, and family. He has been questioned by government officials while in pain and under the influence of medication. He cannot place phone calls and remains handcuffed to a hospital bed despite a broken leg that prevents him from walking. He has received no more than a vague explanation for his detention, and Respondents’ proffered excuses for delaying a formal notice are unsupported by facts. “It is well established that the deprivation of constitutional rights ‘unquestionably constitutes irreparable injury.’” Hernandez v. Sessions, 872 F.3d 976, 994 (9th Cir. 2017) (quoting Melendres v. Arpaio, 695 F.3d 990, 1002 (9th Cir. 2012)). “Deprivation of physical liberty by detention constitutes irreparable harm.” Arevalo v. Hennessy, 882 F.3d 763, 767 (9th Cir. 2018) (citing Hernandez, 872 F.3d at 994). Indeed, Petitioner “suffers potentially irreparable harm every day that he remains in custody without a hearing, which could ultimately result in his release from detention.” Cortez v. Sessions, 318 F. Supp. 3d 1134, 1139 (N.D. Cal. 2018) (citation omitted).

But doncha' dare call them Gestapo.

https://storage.courtlistener.com/recap/gov.uscour...

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But doncha' dare call them Gestapo.

Too bad we lost John McCain some years ago. It would be interesting to hear his take on such treatment of an injured person. It was always interesting listening to other GOP candidates endorse Bush's use of torture, then McCain voice his opinion, from personal experience.

Steve

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It was always interesting listening to other GOP candidates endorse Bush's use of torture, then McCain voice his opinion, from personal experience.

One of the advantages of being an exceptional nation- you can rail endlessly against nations that torture prisoners, while simultaneously pointing to the exceptional circumstances that justify your own use of torture.

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