27 October 2010

On the writ of Coram Nobis

The writ may be used to correct an error of a court, in the United States, and in Great Britain. The petition may be filed no matter how long time has expired since the error.

With the petition for a writ of habeas corpus filed in Washington D.C. on behalf of H.E. the Iraqi vice president Taha Yassin Ramadan, the errors of the court were as follows:

1) the citation of Hirota vs. MacArthur was accepted as precedence, that as an international tribunal was empowered, the U.S. Courts had no jurisdiction in Hirota, to grant habeas relief, this is in error because of the United States use of atomic armaments for commercial, not defensive purposes, the evidence to this is the diplomatic response of General Secretary Josef Stalin to the news of the Hiroshima bombing, ...therefore the U.S.S.R. was not in a position to challenge (under nuclear armaments threat) the appointment of MacArthur as supreme commander.

2) the United States administration of George W. Bush, via prior to the date of 18 March 2003 having engaged the German state in planning the 2003 invasion of Iraq, willfully and in full cognizance, violated the terms of the "Treaty on the Final Settlement with Respect to Germany of 1990", as such the invasion on this point violated International Law, this information was withheld from the defense council of H.E. vice president Taha Yassin Ramadan, that, in this regard the 'established' international tribunal to prosecute Iraq government officials had no legal standing, and, as International Law was violated by the United States and British administrations (in coalition) the U.S. courts did in fact have the jurisdiction to grant habeas relief, in fact they were obliged to.

3) the United States has again used tactical atomic armaments for commercial purposes, during the invasion of Iraq, this in addition to the content of the NSPD 36, 11 May, 2004, of the signature president George W. Bush, that 'economic reform' was the purpose of the invasion of Iraq. It was an aggressive war!

The U.S. Courts do in fact have jurisdiction, and those interested parties who would clear the name of H.E. the Iraqi vice president Taha Yassin Ramadan, would be advised to file a petition for a writ of coram nobis, to correct the error of the Washington D.C. court on Civil Action No. 07-0297 (PLF) TAHA YASSIN RAMADAN petitioner vs. GEORGE W. BUSH, et al., Respondents, which had rejected his habeas petition.



NATIONAL SECURITY PRESIDENTIAL DIRECTIVE/ NSPD (36)
SUBJECT: United States Government Operations in Iraq

"We have seen a period of significant advancement in Iraq, as the yoke of Saddam Hussein's tyranny has been thrown off and democracy and economic reform have begun to take root. With the termination of the Coalition Provisional Authority (CPA) not later than June 30, 2004 and the re-establishment of diplomatic relations between the United States and a sovereign Iraqi government, our efforts in Iraq will take on new and formidable challenges that must be met successfully."

and

"This NSPD shall be effective immediately, shall constitute an Executive order solely for the purposes of 5 U.S.C. § 3161, and shall not be subject to Executive order 11030 of 19 June, 1962, as amended. The CPA shall terminate not later than June 30, 2004, Upon the termination of the CPA, this NSPD supersedes NSPD-24, dated January 20, 2003."

The White House - May 11, 2004



cf: Letter to the California Governor's Office
and Letter to the Habeas Corpus Resource Center

26 October 2010

Taha Ramadan vs. G.W. Bush


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

)
TAHA YASSIN RAMADAN, )
)
          Petitioner, )
)
     v. ) Civil Action No. 07-0297 (PLF)
)
GEORGE W. BUSH, et al., )
)
          Respondents. )
)


ORDER

             Petitioner Taha Yassin Ramadan, the former Vice President of Iraq under Saddam Hussein, filed a petition for a writ of habeas corpus in this Court on February 9, 2007. The Court issued an Order to Show Cause directing the respondents to respond. Respondents filed an opposition to the petition on February 23, 2007. Petitioner filed a response to the opposition on February 26, 2007. The Court heard oral argument on the petition on February 27, 2007.

             On February 27, 2007, after careful consideration of the arguments of the parties in their papers and at oral argument, and the relevant case law, the Court issued a ruling from the bench, denying the petition for a writ of habeas corpus. For the reasons stated, the Court concluded that it lacks jurisdiction to consider a petition for a writ of habeas corpus on behalf of this petitioner – a foreign citizen, detained overseas, with the existence of a multinational force, and criminally convicted by a foreign court – regardless of whether the United States can be deemed to be his custodian. See Hirota v. MacArthur, 338 U.S. 197, 198 (1948) (courts of the United States have no authority to review petitions for writs of habeas corpus on behalf of alien

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non-resident petitioners sentenced by a tribunal not of the United States); Flick v. Johnson, 174 F.2d 983, 985-86 (D.C. Cir. 1949) (courts of the United States have no authority to review petitions for writs of habeas corpus on behalf of alien non-resident petitioners sentenced by a tribunal not of the United States, even though petitioner was held by the United States Army); Omar v. Harvey, – F.3d –, Case No. 06-5126, 2007 WL 420137, at *6 (D.C. Cir. Feb. 9, 2007) (the Hirota Court’s “primary concern was that the petitions represented a collateral attack on the final judgment of an international tribunal.”).

             Accordingly, for the reasons stated in open court on February 27, 2007, it is hereby

            ORDERED that the petition for a writ of habeas corpus is DENIED; it is

             FURTHER ORDERED that this case is DISMISSED from the docket of this Court; and it is

             FURTHER ORDERED that this Order shall constitute a FINAL JUDGMENT in this case. This is a final appealable order. See Rule 4(a), Fed. R. App. P.

              SO ORDERED.

__/s/_____________________________
PAUL L. FRIEDMAN
United States District Judge

DATE: February 27, 2007

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