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CHIMO

(9,223 posts)
Thu May 22, 2014, 07:57 PM May 2014

Omar Khadr faces $50M suit by blinded U.S. soldier, widow

Source: The Canadian Press

The widow of a U.S. special forces soldier killed in Afghanistan and an American soldier blinded by a grenade are suing Canada's Omar Khadr for close to $50 million, The Canadian Press has learned.

In the lawsuit, which will be filed Friday in Utah, Tabitha Speer and Sgt. Layne Morris allege Khadr, then 15, was responsible for the death of Sgt. Christopher Speer and Morris's injuries in July 2002.

The factual basis for the suit, according to their lawyer, is Khadr's guilty plea to five war crimes before a U.S. military commission in Guantanamo Bay in October 2010 that saw him sentenced to a further eight years in prison.

The plea deal included a stipulation of facts in which Khadr, now 27, admitted to murder and attempted murder in violation of the rule of war, and three other war crimes.



Read more: http://www.cbc.ca/news/world/omar-khadr-faces-50m-suit-by-blinded-u-s-soldier-widow-1.2651290



May 22, 2014 5:27 PM ET| Last Updated: May 22, 2014 6:36 PM ET
11 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
 

toby jo

(1,269 posts)
1. Sign up to fight; terrorists are the order of the day; some don't make it out; sue.
Thu May 22, 2014, 08:33 PM
May 2014

A special forces guy doesn't play by the 'rule of war'. He plays to hit his mark and survive.

I'm calling hypocrisy on this one. I'm sorry for their pain, but not their choices. They made adrenaline soaked, emotionally high-dollar ones, that's on them.

I'm also guessing this crime of a 15 yr old involves a set of psychological parameters that are not coming into play here, and should.

mbperrin

(7,672 posts)
2. Hope you feel the same way when the tornado hits your house
Thu May 22, 2014, 08:54 PM
May 2014

due to your poor decision to locate it where a tornado would eventually hit. So no insurance money should come your way - that's on you.

Exact same reasoning, exact same wrong answer.

I'm no fan of war at all (check out any of my posts on the subject), but this is above and beyond. Besides, what's the harm of the lawsuit? A judge will decide if it's actually good or not. Or do you literally not feel that everyone is entitled to their day in court?

alp227

(32,064 posts)
8. Post kept by a jury, 3-4
Fri May 23, 2014, 02:24 PM
May 2014
JURY RESULTS

A randomly-selected Jury of DU members completed their review of this alert at Fri May 23, 2014, 11:16 AM, and voted 3-4 to LEAVE IT ALONE.

Juror #1 voted to LEAVE IT ALONE
Explanation: I happen to agree with the post being alerted on.
Juror #2 voted to LEAVE IT ALONE
Explanation: This is a point of view that disagrees with another point of view. Not enough to hide in my opinion.
Juror #3 voted to LEAVE IT ALONE
Explanation: No explanation given
Juror #4 voted to HIDE IT
Explanation: Even if that wasn't intentional.....yes, I will have to side with the alerter.....it *does* come off that way.
Juror #5 voted to HIDE IT
Explanation: I just think of how many people in the military had no other career choices.
Juror #6 voted to HIDE IT
Explanation: No explanation given
Juror #7 voted to LEAVE IT ALONE
Explanation: This is a discussion board. I don't see this breaking any rules. Argue with the poster instead of alerting.

Thank you.


Posts 2 and 7 are so freaking annoying with their "anything goes" tone. People have to realize that some opinions are simply off limits.
 

seveneyes

(4,631 posts)
3. Does Omar have that kind of money?
Thu May 22, 2014, 09:19 PM
May 2014

And why is he not serving a life sentence for his role in terrorism and killing?

 

Comrade Grumpy

(13,184 posts)
5. Here's the Wikipedia entry on Omar Khadr. He copped a plea to get out of Guantanamo.
Thu May 22, 2014, 09:32 PM
May 2014
http://en.wikipedia.org/wiki/Omar_Khadr

Omar Ahmed Khadr (born September 19, 1986) is a Canadian citizen who was one of the youngest captives and the last Western citizen to be held by the United States at the Guantanamo Bay detention camp. Captured at the age of 15 years and 10 months on July 27, 2002 by American forces in the village of Ayub Kheyl, Afghanistan,[1] he was detained, interrogated and sent to Guantanamo Bay detention camps, in Cuba. He was accused of killing a U.S. soldier by throwing a hand grenade and planting mines to target U.S. convoys.[2] In October 2010, he pleaded guilty in a plea agreement to the charges of war crimes, including murder in violation of the law of war and providing material support for terrorism.[3] Khadr was to be tried by a Guantanamo military commission tribunal, a venue reserved for non-American enemy combatants,[4][5][6] but this was averted by the plea agreement signed by Khadr after 10 years detention without charge.[7][8][9]

He accepted an 8-year sentence, not including time served, with the possibility of a transfer to Canada after at least one year to serve the remainder of the sentence there, based on a diplomatic (United States/Canada) agreement.[10]

Khadr was the first person since World War II to be prosecuted in a military commission for war crimes committed while still a minor. His conviction and sentence were widely denounced by civil rights groups and various newspaper editorials.[11] He has been frequently referred to as a child soldier.[12][13] He was formally identified as such by the head of the United Nations child soldier program in a letter to the Military Commission in October 2010.[14][15] The last Western citizen held at Guantanamo, Khadr was unique in that Canada had chosen not to seek extradition or repatriation despite the urgings of Amnesty International, UNICEF, the Canadian Bar Association and other prominent organizations.[16][17][18][19]

In a post-interrogation report, Canadian intelligence authorities had initially determined that Khadr had little knowledge of his father's alleged activities, since "he was out playing or simply not interested".[20] The stipulation of facts document,[21] which Khadr signed as part of his plea-agreement with the prosecution held that Khadr had "extensive firsthand knowledge" of his father's supportive role in al- Qaeda operations.[22] On September 29, 2012 Khadr was repatriated to Canada. He will serve the remainder of his sentence in Canadian custody.[23] Under Canadian law he was eligible for parole in mid-2013.[24]

In 2013 as part of an ongoing 20 million Dollar civil suit against Canada, Khadr said: "I have no memory at all of that day or anything at all about a grenade being thrown at any U.S. soldiers," that the plea agreement was "constructed by the U.S. government in its entirety," and that he had signed it only to escape the "continued abuse and torture" at Guantanamo Bay.[25][26]
 

Nihil

(13,508 posts)
7. Kidnap a 15 year-old, put him in an illegal torture-pit for over 8 years ...
Fri May 23, 2014, 08:04 AM
May 2014

... then give him something to sign so that he can be "released" to a mere jail.

Yeah ... sounds like a legit confession right there ...

If those jerks want to sue someone, sue the politicians who decided to go for
yet another pointless flexing of the war-machine's muscles - mind you, the same
war-machine that they willingly chose to support & get paid by - rather than
another *victim* of the greed & blood-lust of their own nation.

 

happyslug

(14,779 posts)
9. This case should be dismissed on Jurisdictional grounds.
Fri May 23, 2014, 04:31 PM
May 2014

The incident occurred in Afghanistan, Omar was captured in Afghanistan and transferred to Guantanamo, which the US Courts has ruled is NOT US territory. The Criminal Trial was held at Guantanamo and Omar is presently in Canada.

Thus the Court with Jurisdiction over this case are the Courts of Afghanistan. Given Oman "lived" in Cuba for 8 years while a prisoner at Guantanamo, a claim could be made Cuba had Jurisdiction over the case for they had personal jurisdiction over Oman (Through the US has refused to recognize such Cuban rights over Guantanamo). The third country with Jurisdiction is Canada. where Oman was born and where he is a Citizen AND where he will be sent when he gets out of Guantanamo.

Now, the US Congress and many states have passed laws giving their courts the right to hear cases of Terrorism. Some of these claims of Jurisdiction are restricted to countries where a US Court finds the Plaintiff can NOT expect to get justice. On the other hand most of these Laws leave it up to the courts to decide if they have jurisdiction over the case or not.

Jurisdiction can be attacked at any time during a Court case, even on appeal. At the same time, most courts will NOT rule that they do NOT have jurisdiction unless it is brought up in the litigation. What I suspect happened is the Plaintiff's filled suit and Omar did not file any defense and the Plaintiff won by "Default". i.e. they won because Oman did nothing, not that a court heard from both sides and ruled the Plaintiff were in the right.

In cases where jurisdiction is at issue, just default judgments are common. The Judgement is then attacked whenever it is used to go after the assets of the Defendant, in this case the assets of Omar. Since Oman is suing CANADA for not protecting him, any effort to collect on Omar will have to be heard where he lives or where he gets a favorable Judgment. In the case of Omar that is Canada.

Thus, if the Plaintiffs decide to transfer this Judgement to Canada, Canadian Courts will have to decide if Utah's courts had Jurisdiction to enter such a Judgement AND if it did, do Canadian Courts have to recognize that Judgement.

In my opinion, this Judgement is meaningless, it will be dismissed as a product of a court with NO Jurisdiction over the crime (which occurred in Afghanistan) or the person (who NEVER lived in Utah).

Jake Stern

(3,145 posts)
10. The REAL American Way
Sat May 24, 2014, 02:29 PM
May 2014
You joined the Army, you were wounded while participating in the invasion of another country so sue them.


Cha-CHING, baby!







muriel_volestrangler

(101,385 posts)
11. I normally reckon teenagers to understand the nature of murder, but in this case
Sat May 24, 2014, 03:16 PM
May 2014

I think it's very difficult, even if he was physically involved in the killings, to say he knew it was wrong, let alone a 'war crime'. Brought up in a fundamentalist household, in a country where 2 groups of armed men are fighting - to hold him responsible for fighting for his father's side at 15 seems asking too much to me.

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