Meshal V. Higgenbotham
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Meshal V. Higgenbotham
''Meshal v. Higgenbotham'' is a U.S. federal lawsuit filed by the American Civil Liberties Union on behalf of Amir Mohamed Meshal, a natural born citizen of the United States, charging two agents of the Federal Bureau of Investigation (FBI), Chris Higgenbotham and Steve Hersem, and two other unknown U.S. government officials for their roles in subverting Meshal's rights under the United States Constitution and the Torture Victim Protection Act of 1991. Allegations In January 2007, while fleeing to Kenya after the fighting broke out in the War in Somalia (2006–2009) in December 2006, Meshal was captured by forces of the Combined Joint Task Force – Horn of Africa. In the lawsuit, Meshal alleges he was "interrogated more than thirty times by U.S. officials who failed to adhere to the most elementary requirements of the Fourth and Fifth Amendments and the Torture Victim Protection Act of 1991" and "U.S. officials repeatedly threatened Mr. Meshal with torture, forced disappe ...
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Amir Mohamed Meshal
''Meshal v. Higgenbotham'' is a U.S. federal lawsuit filed by the American Civil Liberties Union on behalf of Amir Mohamed Meshal, a natural born citizen of the United States, charging two agents of the Federal Bureau of Investigation (FBI), Chris Higgenbotham and Steve Hersem, and two other unknown U.S. government officials for their roles in subverting Meshal's rights under the United States Constitution and the Torture Victim Protection Act of 1991. Allegations In January 2007, while fleeing to Kenya after the fighting broke out in the War in Somalia (2006–2009) in December 2006, Meshal was captured by forces of the Combined Joint Task Force – Horn of Africa. In the lawsuit, Meshal alleges he was "interrogated more than thirty times by U.S. officials who failed to adhere to the most elementary requirements of the Fourth and Fifth Amendments and the Torture Victim Protection Act of 1991" and "U.S. officials repeatedly threatened Mr. Meshal with torture, forced disappe ...
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United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ...
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Federal Government Of The United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district (the city of Washington in the District of Columbia, where most of the federal government is based), five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court. Naming The full name of the republic is "United States of America". No other name appears in the Constitution, and this i ...
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Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ...
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American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of '' amicus curiae'' briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have been established by its board of directors. Current positions of the ACLU include opposing the ...
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Natural Born Citizen Of The United States
Status as a natural-born citizen of the United States is one of the eligibility requirements established in the United States Constitution for holding the office of president or vice president. This requirement was intended to protect the nation from foreign influence. The U.S. Constitution uses but does not define the phrase "natural born Citizen" and various opinions have been offered over time regarding its exact meaning. The consensus of early 21st-century constitutional and legal scholars, together with relevant case law, is that natural-born citizens include, subject to exceptions, those born in the United States. As to those born elsewhere who meet the legal requirements for birthright citizenship, the consensus emerging as of 2016 was that they also are natural-born citizens. The first nine presidents and the 12th president (Zachary Taylor) were all citizens at the adoption of the constitution in 1789, with all being born within the territory held by the United States ...
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Federal Bureau Of Investigation
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, the FBI is also a member of the U.S. Intelligence Community and reports to both the Attorney General and the Director of National Intelligence. A leading U.S. counterterrorism, counterintelligence, and criminal investigative organization, the FBI has jurisdiction over violations of more than 200 categories of federal crimes. Although many of the FBI's functions are unique, its activities in support of national security are comparable to those of the British MI5 and NCA; the New Zealand GCSB and the Russian FSB. Unlike the Central Intelligence Agency (CIA), which has no law enforcement authority and is focused on intelligence collection abroad, the FBI is primarily a domestic agency, maintaining 56 field offices in major cities throug ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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Torture Victim Protection Act Of 1991
The Torture Victim Protection Act of 1991 (TVPA; ) is a statute that allows for the filing of civil suits in the United States against individuals who, acting in an official capacity for any foreign nation, committed torture and/or extrajudicial killing. The statute requires a plaintiff to show exhaustion of local remedies in the location of the crime, to the extent that such remedies are "adequate and available." Plaintiffs may be U.S. citizens or non-U.S. citizens. Although the Act was not passed until early 1992, it was introduced the previous year, and the official name of the Act is the "Torture Victim Protection Act of 1991." Legal issues In 1992, Sister Dianna Ortiz was the first to file a case under the act, in a civil action against former general and Defense Minister Héctor Gramajo of Guatemala, contending that, by his command authority, he was responsible for her abduction, rape, and torture by military forces in Guatemala in November 1989. A federal court in Massac ...
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War In Somalia (2006–2009)
The War in Somalia, also known as the Ethiopian invasion of Somalia or the Ethiopian intervention in the Somali Civil War, was an armed conflict involving largely Ethiopian and Somali Transitional Federal Government (TFG) forces and Somali troops from Puntland versus the Somali Islamist umbrella group, the Islamic Court Union (ICU), and other affiliated militias for control of Somalia. Ethiopian's actions were due to the ICU gaining control of a majority of southern Somalia in late 2006. Forces involved Forces involved are difficult to calculate because of many factors, including lack of formal organization or record-keeping, and claims which remained masked by disinformation. Ethiopia, for months leading up to the war, maintained it had only a few hundred advisors in the country, yet independent reports indicated far more troops. According to the BBC, "The United Nations estimated that at least over 9,000 Ethiopian troops may be in the country while the AP suggests the n ...
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Combined Joint Task Force – Horn Of Africa
Combined Joint Task Force – Horn of Africa (CJTF-HOA) is a joint task force of United States Africa Command (AFRICOM). It originated under Operation Enduring Freedom – Horn of Africa (OEF-HOA) as part of the United States response to the September 11, 2001 attacks. Overview The mission of the CJTF-HOA is to conduct operations in the Combined Joint Operations Area to enhance partner nation capacity, promote regional security and stability, dissuade conflict, and protect U.S. and coalition interests. CJTF-HOA consists of about 2,000 servicemen and women from the United States military and allied countries. Currently, the task force has an assigned area of interest that includes Sudan, Somalia, Djibouti, Ethiopia, Eritrea, Seychelles and Kenya. Outside this Combined Joint Operating Area, the CJTF-HOA has operations in Mauritius, Comoros, Liberia, Rwanda, Uganda and Tanzania. CJTF-HOA operations are encompassed by what the U.S. military has termed the ‘indirect approac ...
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Forced Disappearance
An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organization, followed by a refusal to acknowledge the person's fate and whereabouts, with the intent of placing the victim outside the protection of the law. According to the Rome Statute of the International Criminal Court, which came into force on 1 July 2002, when committed as part of a widespread or systematic attack directed at any civilian population, a "forced disappearance" qualifies as a crime against humanity, not subject to a statute of limitations, in international criminal law. On 20 December 2006, the United Nations General Assembly adopted the International Convention for the Protection of All Persons from Enforced Disappearance. Often, forced disappearance implies murder: a victim is abducted, may be illegally detained and of ...
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