THat horse bolted when droning American citizens without due process became vogue but I agree with the theory.
A question then is- if she faces the DP, or at least a long prison term, why does she want to come back to the USA?
She thinks she is more imminently going to die where she is and/or she wants to give her kid a chance? She thinks she will eventually prevail in a U.S. court on the citizenship issue?
Ok, but being a citizen doesn’t stop you from being executed as a traitor.
No, but presumably if someone in the U.S. wants to execute you as a traitor, there will be a trial first, and if you lose, there will be several layers of appeals. I doubt the same is the case in her current circumstances.
This Atlanticarticle sums up the issue pretty well:
If it is just the small print of when her dad stopped being a diplomat, then it has no wider implications, and its nothing to do with the constitution or Trump. But there is no guarantee that is in fact the case (and personally I am not going the give the Trump admin the benefit of the doubt on this). If its the Trump admin saying “she’s not a citizen because I say so” that is pretty horrifically unconstitutional (and exactly the kind of the thing Trump would do).
She’s not a citizen because the Obama administration said so. And they seem to have made that determination based upon her father’s diplomatic status.
she stated she wanted to fight us and possibly become a suicide bomber, now she’s crying about how unfair that US won’t let her back in country so she can recruit other girls to isis–do you really believe her story or trust her
and how many “stupid little teenagers” become suicide bombers in Iraq, Afghanistan, and even Europe and US?
Is the belief that granting her citizenship makes her immune to prosecution for any crimes she’s found to have committed? Because I’d think that the first step to locking her up and throwing away the key would be to admit that she’s a citizen and subject to our authority.
Citizenship entails rights, pesky little things that keep us from exacting all the vengeance we’d like to. *Lack *of citizenship allows her to be sent straight to Gitmo to rot.
In case anyone is still following this, the government’s response to the father’s lawsuit is available here (in pdf). As anticipated, it defends the Obama Administration’s determination that her father still enjoyed diplomatic immunity at the time of her birth and, therefore, she has never been a US citizen.
The Onion denounces sexist media:
The federal judge in Muthana’s case has denied the sought expedited handling of this case. Theccasecstill continues under normal rules of civil procedure which give the government up to, and including, April 26, 2019 to more fully respond to the suit.
The government’s response in opposition to expedited handling (linked above by Falchion) lays out its approach on the key issue of diplomatic immunity and its impact on children born in the United States. In short, the government argues that the dates it receives official notice that a person has been added or removed to the diplomatic roles are the only dates that matter. In this case it was February 6, 1995 that notice was received that the father was no longer a diplomat - well after the 1994 birth of his daughter. As such his daughter was not “subject to the jurisdiction of” the United States which is a requirement for birthright citizenship under the Fourteenth Amendment.
What’s the Islamic State’s position? Do they consider her a POW or AWOL?
ISTM that this also highlights how because the cases of non-subject births are few and far between, the default, absent some sort of immediate official notification to the contrary, is to presume the birth is subject to the jurisdiction and citizenship applies, and any deeper digging only happens after-the-fact when/if some problem arises.
like the ISIS stupid teenage suicide bombers?
The Supreme Court refused to hear Muthana’s case without comment. So I guess that means she’s SOOL? Or can she file in a lower federal court still?
Social media posts during her time with the extremist group show Ms Muthana applauding terrorist attacks and encouraging other Americans to join IS.
So it seems she was actually an influencer on social media, so there should be some evidence against her if she ever did make it back to the US and stood trial.
The SCOTUS is the court of last resort.
Yes, but they didn’t comment or make a ruling, just refused to hear the case. So I’m not sure if that means she could still appeal in a lower court or if that means her options are pretty much nothing.
It’s hard for me to work up much sympathy for her, and I don’t really want her back, I’m just still unclear on the evidence of Muthana’s father’s diplomat status at the time of her birth. Her case seems to hinge on that. Now it’s three different administrations’ State Departments that have said she’s not a citizen, so that’s interesting.