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Reply to "Virginia couple sued by Afghan refugees of crazy scheme to kidnap their baby"
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[quote=Anonymous]The baby taken out of its home country by Virginia Marine Joshua Mast and his wife Stephanie in violation of international law will stay with them, thanks to the federal government abandoning the case, at the direction of the Trump administration. https://www.nbcnews.com/world/asia/virginia-supreme-court-rules-us-marines-adoption-afghan-orphan-stands-rcna258881 [quote] Virginia Supreme Court rules U.S. Marine’s adoption of an Afghan war orphan will stand The decision most likely ends a bitter, yearslong legal battle over the fate of the girl, whose adoption over the objections of her relatives was criticized by judges in a scathing dissent. The Supreme Court leaned heavily on a 38-page document written by Judge Moore, who granted the adoption, then presided over a dozen hearings after the Afghans challenged it. He wrote that he trusted the Masts more than the Afghans, and believed that the Masts’ motivations were noble while the Afghans were misrepresenting their relationship to the child. The Supreme Court also dismissed the federal government’s long insistence that Trump’s first administration had made a foreign policy decision to unite her with her Afghan relatives, and a court in Virginia has no authority to undo it. The government submitted filings in court predicting dire outcomes if the baby was allowed to remain with the Marine: it could be viewed as “endorsing an act of international child abduction,” threaten international security pacts and be used as propaganda by Islamic extremists — potentially endangering U.S. soldiers overseas. But the Justice Department in Trump’s second administration abruptly changed course. The Supreme Court noted in its opinion that the Justice Department had been granted permission to make arguments in the case, but withdrew its request to do so on the morning of oral arguments last year, saying it “has now had an opportunity to reevaluate its position in this case.” The Supreme Court returned repeatedly to Moore’s finding that giving the girl to the family “was not a decision the United States initiated, but rather consented to or acquiesced in.” The three judges who dissented were unsparing in their criticism of both the Masts and the circuit court that granted him the adoption. “A dispassionate review of this case reveals a scenario suffused with arrogance and privilege. Worse, it appears to have worked,” begins the dissent, written by Justice Thomas P. Mann, and signed by Chief Justice Cleo E. Powell and LeRoy F. Millette, Jr. A Virginia court never had the right to give the child to the Masts, the dissent said. They castigated the Masts for “brazenly” misleading the courts during their quest to adopt the girl. [/quote][/quote]
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