FBI Authority to Seize Suspects Abroad: Hearing Before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, First Session, November 8, 1989, Volumul 4U.S. Government Printing Office, 1991 - 127 pagini |
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Pagina 3
... sovereign , is necessarily " limited by the sovereignty of foreign nations . " In other words , the 1980 opinion suggested that the President and the Congress are legally powerless under U.S. law to authorize action in a foreign country ...
... sovereign , is necessarily " limited by the sovereignty of foreign nations . " In other words , the 1980 opinion suggested that the President and the Congress are legally powerless under U.S. law to authorize action in a foreign country ...
Pagina 5
... sovereign , has no authority under its own laws to con- duct law enforcement operations in another country without that country's consent . It based this view on the conclusion that the de jure authority of the United States is ...
... sovereign , has no authority under its own laws to con- duct law enforcement operations in another country without that country's consent . It based this view on the conclusion that the de jure authority of the United States is ...
Pagina 6
... sovereign follows or abandons at his will . The rule , like other precepts of morality , of humanity , and even of wisdom , is addressed to the judgment of the sovereign ; and al- though it cannot be disregarded by him without obloquy ...
... sovereign follows or abandons at his will . The rule , like other precepts of morality , of humanity , and even of wisdom , is addressed to the judgment of the sovereign ; and al- though it cannot be disregarded by him without obloquy ...
Pagina 7
... sovereign - or when the agency has been directed to do so by a " controlling executive act " that supplants customary international law . Quite apart from the question whether the FBI has statutory au- thority to override customary ...
... sovereign - or when the agency has been directed to do so by a " controlling executive act " that supplants customary international law . Quite apart from the question whether the FBI has statutory au- thority to override customary ...
Pagina 8
... sovereign's consent may be justified under international law . For example , in response to an actual or threatened terrorist attack , we would have good grounds under general principles of international law to justi- fy ...
... sovereign's consent may be justified under international law . For example , in response to an actual or threatened terrorist attack , we would have good grounds under general principles of international law to justi- fy ...
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Termeni și expresii frecvente
abroad action Administration agencies agreements American Assistant Attorney BARR CARLOS MOORHEAD cert Committee conclusion conduct CONG CONGRES CONGRESS THE LIBRARY Congressional cooperation courts criminal CROCKETT customary international law defense authorization DEMPSEY depart from customary Department of Justice Department's Dick Thornburgh domestic law Don Edwards drug enabling statutes Executive Branch extradition extraterritorial arrests extraterritorial law enforcement FBI's Federal Kidnapping Act forcible abduction foreign country foreign policy fugitive hijacking Honorable Jack Brooks House HOWARD COBLE involved issues Jack Brooks Jack Brooks November Judge Sofaer jurisdiction Justice Department Ker-Frisbie doctrine kidnap Legal Counsel legislation LIBRARY OF CONGRESS Lujan matter national security information Office of Legal OLC opinion President principles prosecution question RARY request responsibilities RESS Revell Schooner Exchange self-defense Senate sovereign statement territorial integrity terrorism terrorist testimony TEXAS Thornburgh torts Toscanino traffickers treaty U.S. agents U.S. citizens U.S. Department U.S. NATIONALS violation of international Washington
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Pagina 86 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restrictions. "All exceptions, therefore, to the full and complete power of a nation within its own territories,...
Pagina 27 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
Pagina 116 - Interim Agreement on Certain Measures with Respect to the Limitation of Strategic Offensive Arms...
Pagina 119 - First, that the House was an inquest, and therefore might institute inquiries. Second, that it might call for papers generally. Third, that the Executive ought to communicate such papers as the public good would permit, and ought to refuse those, the disclosure of which would injure the public; consequently were to exercise a discretion.
Pagina 127 - No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance.
Pagina 15 - States and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
Pagina 15 - Justice may carry firearms, serve warrants and subpenas issued under the authority of the United States, and make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States, if they have reasonable...
Pagina 83 - ... of the subject does not leave the prisoner or the government of Peru without remedy for his unauthorized seizure within its territory. Even this treaty with that country provides for the extradition of persons charged with kidnapping, and on demand from Peru, Julian, the party who is guilty of it, could be surrendered and tried in its courts for this violation of its laws. The party himself would probably not be without redress, for he could sue Julian in an action of trespass and false imprisonment,...
Pagina 116 - That no action shall be taken under this or any other law that will obligate the United States to disarm or to reduce or to limit the Armed Forces or armaments of the United States...
Pagina 120 - Resolved, That a committee be appointed to inquire into the causes of the failure of the late expedition under Major General St. Clair; and that the said Committee be empowered to call for such persons, papers, and records, as may be necessary to assist their inquiries.