Posted on 04/03/2006 11:44:56 AM PDT by truth_seeker
Note Ginsburg, Breyer and Souter against the administration. GHW Bush was sleepwalking when he appointed Souter.
6-3 is "a divided court". Nice work, AP.
The administration only finally brought him to justice in order to avoid a ruling on the constitutionality of their actions. What were they afraid of?
GHWB was, unfortunately, sleepwalking throughout the entirety of his administration - at least domestically - its what got him defeated....
I remember an interview with Padilla (why don't we use his Muslim name?) and he said Jose was caught "on the streets of O'Hare airport".
He was arrested at a port having returned from an international destination. Good enough for me.
THere was no surprise that Ginsdilla, Breyerdilla and Soupad wanted their brother terrorist/terrorist sympathizer given appeal rights of some sort.
>>>The administration only finally brought him to justice in order to avoid a ruling on the constitutionality of their actions. What were they afraid of?
And if found to be not guilty of criminal charges, can the administration then choose to once again detain him indefinitely as an enemy combatant?
Padilla=Padilla's lawyer
the ABC top-of-the-hour radio spot called it "sharply divided".
It makes more sense than "narrowly split".
The question wasn't whether the detention was legal, but whether the court should address the issue of its legality. The government finally putting him on trial removed the legal need for this case, but those three justices wanted the issue decided now rather than wait for the next case.
I disagree with those three. The government's move was brilliant, as it changed the constitutionality into an academic exercise, and courts are supposed to decide cases, not academic exercises.
I'm sure they could. But I'm also sure that decision would be on a fast track to the Supreme Court to decide an issue they don't want decided.
I just hope that if he's guilty (high likelihood) he's convicted and gets the max.
Bush defeated? He won the last election. He overcame the Patriot act filibuster, got two U.S. Supreme court judges approved over strong objections. He saw the Iraqi's approve a constitution and start defending themselves.
The only thing I can think of that is being defeated are the insurgents, the democrats and their allies in the lamestream media.
He is talking about the senior Bush being defeated.
Yes, he needs to be charged as a traitor and hanged. Osama is an enemy, but this guy is a traitor... worse than an enemy. And our enemies would like nothing better than to spread how to make dirty bombs across our country.
So, if this traitor knows how to spread that knowledge, he, in himself, is a dirty bomb and must be contained and disposed of properly.
If you have a way of doing that safely, we would like to hear it.
Pretty simple: a trial just like McVeigh got and punishment to fit the crime.
Maybe I am missing something here but Padilla is a citizen with constitutional rights.
I don't like this notion that somehow it's ok to wage war and institute subterfuge if you're a citizen. I know that wasn't what you meant or implied but I've been hearing a lot about this lately. Prisoners of war (which I would consider him) are in a different category than ordinary criminal defendants. We've held prisoners of war for extended periods before.
It would be a much simpler matter if we just tried him for treason and hanged him, like we used to do. But the T word is never mentioned. Probably too draconian for these "enlightened" times.
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