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Berg was never in US custody...?

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imax2268 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 03:09 PM
Original message
Berg was never in US custody...?
The young American who was decapitated on a videotape posted by an al-Qaida-linked web site was never under US custody despite claims from his family, coalition spokesman Dan Senor said in Baghdad.

Senor said that Nick Berg, 26, from West Chester, Pennsylvania, was detained by Iraqi police in Mosul. The Iraqis informed the Americans and the FBI met with Berg three times to determine what he was doing in Iraq.

Beheaded American 'Not Held by U.S. Military
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vetwife Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 03:11 PM
Response to Original message
1. Something doesn't smell right here
Fishy..People don't sue the government usually unless they have a case or at least think they do.
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imax2268 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 03:13 PM
Response to Reply #1
2. Tell me about it...
That Senor guy is a shill...if you ask me he's lying through his teeth...
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Tinoire Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 03:17 PM
Response to Reply #1
3. Record of Berg's Writ of Habeas Corpus proceeding Scrubbed


I'm not a lawyer but can anyone knowledgeable explain this bit?


Jacobin (1000+ posts)
Wed May-12-04 07:44 AM
Original message
Record of Berg's Writ of Habeas Corpus proceeding Scrubbed:



Federal courts have a subscription based electronic filing system for lawsuits called PACER. I queried the site for the Eastern District of Pennsylvania to try to locate the writ of habeas corpus filed by Mr. Berg's parents against Donald Rumsfeld.

The complaint seeking the writ has been scrubbed from the site. The only thing left is a summary of the dispositon of the case.

I wonder why that is? Lawsuits are required to be public unless there is an order for a specific purpose to seal them, for a legitimate purpose.

Here is what is left:


United States District Court
Eastern District of Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 2:04-cv-01497-MAM

BERG et al v. RUMSFELD
Assigned to: HONORABLE MARY A. MCLAUGHLIN
Referred to:
Demand: $
Lead Docket: None
Related Cases: None
Case in other court: None
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Date Filed: 04/05/04
Jury Demand: None
Nature of Suit: 530 Habeas Corpus (General)
Jurisdiction: Federal Question

Petitioner
-----------------------
NICHOLAS EVAN BERG, BY AND THROUGH represented by ALFRED A. GOLLATZ
GOLLATZ, GRIFFIN & EWING
213 WEST MINER STREET
P.O. BOX 796
WEST CHESTER, PA 19381-0796
610-692-9116
Fax : 610-692-9177
Email: agollatz@ggelaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

MICHAEL S. BERG represented by ALFRED A. GOLLATZ
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

SUZANNE CAROL BERG, AS NEXT FRIENDS OF NICHOLAS EVAN BERG represented by ALFRED A. GOLLATZ
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.


Respondent
-----------------------
DONALD H. RUMSFELD, HONORABLE, SECRETARY OF DEFENSE


Filing Date # Docket Text
04/05/2004 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 903782.), filed by MICHAEL S. BERG, NICHOLAS EVAN BERG, SUZANNE CAROL BERG.(ss, ) (Entered: 04/05/2004)
04/09/2004 2 NOTICE TO MARK MATTER DISCONTINUED AS MOOT by MICHAEL S. BERG, NICHOLAS EVAN BERG, SUZANNE CAROL BERG As To HONORABLE DONALD RUMSFELD, CERTIFICATE OF SERVICE. (jl, ) (Entered: 04/09/2004)


http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x1584484

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imax2268 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 03:20 PM
Response to Reply #3
4. not sure...
hopefully someone can explain that...
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librechik Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 03:27 PM
Response to Reply #3
6. dropped as moot (since plaintiff is deceased?)
at the request of the petitioners. No doubt they drop excess info after a case is abandoned.
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imax2268 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 03:29 PM
Response to Reply #6
8. that makes some sense...
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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 03:22 PM
Response to Original message
5. Yes he was. The Busheviks are lying as they do almost 100% of the time
Now, perhaps it's just habit. Considering the sheer volume of intelligence-insulting lies they routinely tell about even things they don;t need to lie about, this argument has some relevance.

But they certainly could have arranged it. I don't think it would bother the Imperial Family nor their Henchmen not a whit.
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imax2268 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 03:28 PM
Response to Original message
7. it just seems odd...
that all over the news yesterday that he was held by US forces...I heard it over and over again yesterday...and now this comes out...it's just incredible how these people lie...
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crissy71 Donating Member (311 posts) Send PM | Profile | Ignore Wed May-12-04 03:33 PM
Response to Original message
9. i think they're trying to change the subject
from Abu Ghraib to how horrible those terrists are - hence the overall fishyness
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No2W2004 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 03:36 PM
Response to Original message
10. I posted this too.
It's unbelievable. Senor said that he was held by the Iraqi Police, not the Coalition. Thing is, the Coalition CONTROLLS the Iraqi police! Also, AP Called the Police station in Mosoul, and no one remembered Berg being held there!

Its a bold-faced bigger than Jebus lie that the govt. wants us to buy.
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gatorboy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 03:48 PM
Response to Reply #10
11. Hmmmmmm
I'm new here but I thought this paragraph was interesting:

"Brig. Gen Mark Kimmitt said the only role the U.S. military played in Berg's confinement was to liaise with the Iraqi police to make sure he was being fed and properly treated because ``he was still an American citizen.''

Doesn't it seem odd that the U.S. Military would back off from an American Citizen being detained by Iraqi police?
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imax2268 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 03:58 PM
Response to Reply #11
12. something isn't right...
someone is lying plain and simple...

If he was held by the Iraqi police...which is run by the CPA...then techincally he was in US custody...
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No2W2004 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-04 04:06 PM
Response to Reply #12
13. Not even techincally
the CPA IS the Iraqi Police force!

They are playing word games.
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goodolegal Donating Member (13 posts) Send PM | Profile | Ignore Wed May-12-04 04:13 PM
Response to Original message
14. Just another heap of lies eom.
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