ChasingBlueSky 0 #1 March 1, 2005 From my understanding he is being held like this under the Patriot Act. Guess this is the first real challenge from the courts on it. I have to agree with the judge, this is un-American to deny civil rights. U.S. ordered to charge Chicago terror suspect or free him WASHINGTON -- A federal judge ordered the Bush administration Monday to either charge Chicago terror suspect Jose Padilla with a crime or release him after more than two years in custody. 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 government contends Padilla -- a former Chicago gang-banger -- was planning an attack with a ''dirty bomb'' radiological device. ''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 stern rebuke. Floyd was appointed by Bush in 2003. ''We think that this is a wonderful decision,'' said Padilla's attorney, Andy Patel. ''It is one of those moments that all Americans should be proud of.'' A Justice Department spokesman said the government will appeal. Michael Ratner, president of the Center for Constitutional Rights, called Floyd's order a significant blow to the administration. Padilla was arrested at O'Hare Airport in 2002 after returning from Pakistan. The federal government has said he received weapons and explosives training from members of al-Qaida._________________________________________ you can burn the land and boil the sea, but you can't take the sky from me.... I WILL fly again..... Quote Share this post Link to post Share on other sites
BillyVance 34 #2 March 1, 2005 Ahh hell, if the judge has a problem with this, then let them release the SOB, maybe some hidden sniper will take him out shortly after... problem solved."Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban Quote Share this post Link to post Share on other sites
ChasingBlueSky 0 #3 March 1, 2005 QuoteAhh hell, if the judge has a problem with this, then let them release the SOB, maybe some hidden sniper will take him out shortly after... problem solved. The problem is - what if he is innocent? His life is ruined if he is. The gov't will be able to bury anything they obtained on him due to National Security reasons. True, he wasn't the top of the heap as a gang member, but he still has his rights. If he was let free do you think anyone would hire him? If he is guilty and they have the proof - charge him, convict him and let him serve time for the crime. Otherwise we are just as guilty of the civil right violations we complained about with China, the British in N Ireland, etc._________________________________________ you can burn the land and boil the sea, but you can't take the sky from me.... I WILL fly again..... Quote Share this post Link to post Share on other sites
Sinkster 0 #4 March 2, 2005 Yeah, I agree too. I'm all for doing what it takes to defense the country, but if we are not mortally threatened (meaning all morals go out the window b/c we will be destroyed if we don't do WHATEVER it takes to win, and Darwin favors the victor, not the valiant), then the inherent civil rights of people must be respected. It's ridiculous what they are doing in the name of 'terrorism defense'! It's becoming the definitive excuse to mow down our rights! Quote Share this post Link to post Share on other sites
kallend 2,112 #5 March 2, 2005 QuoteYeah, I agree too. I'm all for doing what it takes to defense the country, but if we are not mortally threatened (meaning all morals go out the window b/c we will be destroyed if we don't do WHATEVER it takes to win, and Darwin favors the victor, not the valiant), then the inherent civil rights of people must be respected. It's ridiculous what they are doing in the name of 'terrorism defense'! It's becoming the definitive excuse to mow down our rights! Amen to that.... The only sure way to survive a canopy collision is not to have one. Quote Share this post Link to post Share on other sites
tbrown 26 #6 March 2, 2005 Taking Timothy McVeigh, a real terrorist as an example, we can see that the system worked in dealing with him. McVeigh was charged with a crime, he was permitted to have a lawyer - and a very good lawyer, who worked very hard for him, and a trial by jury. The trial was even moved somewhere else, so that local feelings about the bombing wouldn't be such an issue. He was tried on the evidence, which his lawyer was allowed to challenge all the way. And he was convicted by a jury. Even when he was sentenced to death, he still got an appeal. And then finally he got the needle. So if it worked for Timothy McVeigh, why shouldn't it work for anybody else ? If this guy Padilla was plotting to blow off a dirty bomb, then after two and a half years, where's the fucking evidence ? If he's guilty, lock him up or give him the needle. But after two and a half years, i'm starting to wonder if the government even has a case against this guy. And I wouldn't be surprised if they don't. Our Constitution is alive and kicking. And if somebody tries to tread on it, it can kick back. Whatever else he might be, Jose Padilla is an American citizen and if the government wants to accuse him of a crime, then they can just fucking well prove it to a jury. Your humble servant.....Professor Gravity ! Quote Share this post Link to post Share on other sites
flyclearjohn 0 #7 March 2, 2005 QuoteIt's ridiculous what they are doing in the name of 'terrorism defense'! It's becoming the definitive excuse to mow down our rights! Damn. Who could have seen that coming? You ain't seen nothing yet! John Quote Share this post Link to post Share on other sites