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Undertoad · 12-19-2003, 11:12 AM

They can't "change the law so they can detain him" -- that's called "ex post facto", and the legal system watches carefully for it. You can't charge someone with something that was legal when they did it in 2002 if you make the law in 2003... you can't pass a "retroactive" law.

But don't be surprised if the decision is overturned by the USSC, on the basis that the Patriot Act, an act of congress, does in fact apply to citizens as well as non-citizens. And if they don't, look for him to be criminally charged... immediately. He will not be freed any time soon.

12-19-2003, 11:12 AM	#8
Undertoad Radical Centrist Join Date: Jan 2001 Location: Cottage of Prussia Posts: 31,423	They can't "change the law so they can detain him" -- that's called "ex post facto", and the legal system watches carefully for it. You can't charge someone with something that was legal when they did it in 2002 if you make the law in 2003... you can't pass a "retroactive" law. But don't be surprised if the decision is overturned by the USSC, on the basis that the Patriot Act, an act of congress, does in fact apply to citizens as well as non-citizens. And if they don't, look for him to be criminally charged... immediately. He will not be freed any time soon.