| Topic: |
Religions > Atheism |
| User: |
"stoney" |
| Date: |
28 Feb 2005 10:10:55 PM |
| Object: |
Padilla must be released or charged, federal judge rules |
http://www.msnbc.msn.com/id/7047710/
Padilla must be released or charged, federal judge rules
Terrorism suspect can’t be held indefinitely;government gets 45 days
to make its case
The Associated Press
Updated: 6:56 p.m. ET Feb. 28, 2005
WASHINGTON - A federal judge ordered the Bush administration Monday to
either charge terrorism suspect Jose Padilla with a crime or release
him after more than 2½ years in custody.
In a sound rebuke to the Bush administration, U.S. District Judge
Henry Floyd in Spartanburg, S.C., said the government cannot hold
Padilla indefinitely as an “enemy combatant,” a designation President
Bush gave him in 2002.
“The court finds that the president has no power, neither express nor
implied, neither constitutional nor statutory, to hold petitioner as
an enemy combatant,” Floyd wrote in a 23-page opinion that was a stern
rebuke to the government. He gave the administration 45 days to take
action.
“We think that this is a wonderful decision,” said Padilla’s attorney,
Andy Patel, as Padilla waited on another line. “It is one of those
moments that all Americans should be proud of.”
The Justice Department did not immediately comment on the ruling.
Administration’s claim
The administration has said Padilla, a former Chicago gang member,
sought to blow up hotels and apartment buildings in the United States
in addition to planning an attack with a “dirty bomb” radiological
device.
Padilla was arrested at Chicago’s O’Hare International Airport in 2002
after returning from Pakistan. The federal government has said he
received weapons and explosives training from members of al-Qaida.
Deputy Attorney General James Comey last year used a news conference
to detail claims against Padilla. Comey asserted that if Padilla had
been handled by the usual criminal justice system, he could have
stayed silent and “would likely have ended up a free man.”
During court arguments last month, his attorneys challenged the
government to prove its case or release Padilla.
‘Prove it’
“If everything you say about Jose Padilla is true, prove it,” said
Denyse Williams, executive director of the American Civil Liberties
Union in South Carolina, which has filed a brief in support of
Padilla’s attorneys. “Everybody says the war on terror could last a
lifetime. If they can do it to him, they can do it to others.”
David Salmons of the U.S. Solicitor General’s Office countered at the
time that the president has the right to detain any enemy combatant
while the United States is fighting al-Qaida. But he added there’s no
risk that the president may round up citizens and detain them.
Padilla is one of only two U.S. citizens designated as enemy
combatants. The second, Louisiana native Yaser Hamdi, was released in
October after the Justice Department said he no longer posed a threat
to the United States and no longer had any intelligence value.
© 2005 The Associated Press
Salmons can't think his way out of a wet paper bag with two ends open,
a map, or egress signs. Padilla *is* a US Citizen who was rounded up
and detained for 2-1/2 years based on Shrub's signature.
--
Contempt of Congress meter reading-offscale.
Hello, theocracy with a fundamentalist US Supreme
Court who will ensure church and state are joined
at the hip like clergy and altar boys.
America 1776-Jan 2001 RIP
Religion is the original war crime.
-Michelle Malkin (Feb 26, 2005)
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| User: "Al Klein" |
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| Title: Re: Padilla must be released or charged, federal judge rules |
28 Feb 2005 11:11:42 PM |
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On Mon, 28 Feb 2005 20:10:55 -0800, stoney <stoney@the.net> said in
alt.atheism:
“The court finds that the president has no power, neither express nor
implied, neither constitutional nor statutory, to hold petitioner as
an enemy combatant,” Floyd wrote in a 23-page opinion that was a stern
rebuke to the government. He gave the administration 45 days to take
action.
“We think that this is a wonderful decision,” said Padilla’s attorney,
Andy Patel, as Padilla waited on another line. “It is one of those
moments that all Americans should be proud of.”
Bets, anyone? What are the odds on Padilla dying before the 45 days
are up? What are the odds that the government will appeal to the SC?
And what are the odds that the government will simply ignore the court
order?
--
rukbat at verizon dot net
"We should do unto others as we would want them to do unto us. If I were an unborn
fetus I would want others to use force to protect me, therefore using force against
abortionists is *justifiable homocide*."
- "Pro-Life" doctor killer and corpse Paul Hill
(random sig, produced by SigChanger)
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| User: "Fred Stone" |
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| Title: Re: Padilla must be released or charged, federal judge rules |
03 Mar 2005 06:23:48 AM |
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Al Klein <rukbat@pern.invalid> wrote in
news:n9u721pvpljh1a7l3tdf6l6hs30ss81kj9@4ax.com:
On Mon, 28 Feb 2005 20:10:55 -0800, stoney <stoney@the.net> said in
alt.atheism:
“The court finds that the president has no power, neither express nor
implied, neither constitutional nor statutory, to hold petitioner as
an enemy combatant,” Floyd wrote in a 23-page opinion that was a stern
rebuke to the government. He gave the administration 45 days to take
action.
“We think that this is a wonderful decision,” said Padilla’s attorney,
Andy Patel, as Padilla waited on another line. “It is one of those
moments that all Americans should be proud of.”
Bets, anyone? What are the odds on Padilla dying before the 45 days
are up?
Same as any other person.
What are the odds that the government will appeal to the SC?
Approaching 100%
And what are the odds that the government will simply ignore the court
order?
Zero.
--
Fred Stone
aa# 1369
"You know you're over the target when you start receiving flak."
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| User: "stoney" |
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| Title: Re: Padilla must be released or charged, federal judge rules |
03 Mar 2005 11:13:02 AM |
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On Tue, 01 Mar 2005 05:11:42 GMT, Al Klein <rukbat@pern.invalid>
wrote:
On Mon, 28 Feb 2005 20:10:55 -0800, stoney <stoney@the.net> said in
alt.atheism:
“The court finds that the president has no power, neither express nor
implied, neither constitutional nor statutory, to hold petitioner as
an enemy combatant,” Floyd wrote in a 23-page opinion that was a stern
rebuke to the government. He gave the administration 45 days to take
action.
“We think that this is a wonderful decision,” said Padilla’s attorney,
Andy Patel, as Padilla waited on another line. “It is one of those
moments that all Americans should be proud of.”
Bets, anyone?
No.
What are the odds on Padilla dying before the 45 days
are up?
Low.
What are the odds that the government will appeal to the SC?
That's a given.
And what are the odds that the government will simply ignore the court
order?
Good probability.
--
Contempt of Congress meter reading-offscale.
Hello, theocracy with a fundamentalist US Supreme
Court who will ensure church and state are joined
at the hip like clergy and altar boys.
America 1776-Jan 2001 RIP
Religion is the original war crime.
-Michelle Malkin (Feb 26, 2005)
.
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