The Jurisdiction Argument

Not our problem:

A federal appeals court on Monday dismissed a lawsuit filed by a Syrian-born Canadian man who had accused the United States of violating the law and his civil rights after he was detained at Kennedy Airport and sent to Syria under what he claims was an act of “extraordinary rendition.”

The man, Maher Arar, tried to win civil damages from United States officials in his suit, but the United States Court of Appeals for the Second Circuit in New York ruled that because he was never technically inside the United States, his claims could not be heard in the federal courts.

A.

6 thoughts on “The Jurisdiction Argument

  1. When did Kennedy airport secede from the union? Does it need a president? I could afford the time to take on that job.
    As the new President of Kennedy Airport I am directing my staff to look into the illegal kidnapping of a visitor to my country by armed thugs from the adjacent nation of America. Diplomatic relations with that nation have been suspended until the results of the investigation can be evaluated.

  2. The most pathetic thing is, he probably clearedUS Customs atPearson airport. I would absolutelylove to hear their opinion of which jurisdiction(s) the post-clearing-US Customs area at Pearson airport falls under…
    So here’s the question of the day — should the US Customs facility at Pearson airport be closed and the US government made to handle its incoming travellers after they actually arrive on US soil?

  3. Well, at least one judge on the 2nd Circuit isn’t using weasel words:
    In an occasionally scathing dissent, one judge, Robert D. Sack, said Mr. Arar’s suit should have been able to proceed because the argument that he was never really in the United States was “a legal fiction.”
    “Arar was, in effect, abducted while attempting to transit at J.F.K. Airport,” Judge Sack wrote.

  4. If he was coming from Canada, how did he wind up in Syria?
    If he never entered the US, then how did he leave Canada?

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