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Appellate Practice

Jan. 14, 2004

Reaching Too Far

Forum Column - By Robert F. Turner - The 9th U.S. Circuit Court of Appeals got it wrong again last month when it held in Gherebi v. Bush that foreign nationals detained in Guantnamo, Cuba, are entitled to Fifth Amendment protections. This issue has been resolved time and again by the U.S. Supreme Court, and the 9th Circuit's effort to distinguish the facts is wholly unpersuasive.

        Forum...

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