Posted on 02/28/2005 3:20:44 PM PST by MisterRepublican
SPARTANBURG -- A federal judge in Spartanburg has ordered that an American citizen held as an enemy combatant in a Navy brig in Charleston should be charged with a crime or released.
U.S. District Judge Henry F. Floyd ruled Monday that the president of the United States does not have the authority to order Jose Padilla to be held indefinitely without being charged.
"If the law in its current state is found by the president to be insufficient to protect this country from terrorist plots, such as the one alleged here, then the president should prevail upon Congress to remedy the problem," he wrote.
In the ruling, Floyd said that three court cases that the government used to make its claim did not sufficiently apply to Padilla's case.
Floyd wrote that, in essence, "the detention of a United States citizen by the military is disallowed without explicit Congressional authorization."
Floyd wrote that because the government had not provided any proof that the president has the power to hold Padilla, he must reject the government's claim of authority.
"To do otherwise would not only offend the rule of law and violate this country’s constitutional tradition, but it would also be a betrayal of this nation’s commitment to the separation of powers that safeguards our democratic values and individual liberties," he wrote.
(Excerpt) Read more at thecarolinachannel.com ...
Appeal.
Sounds like another two-bit liberal judge trying to make a name for himself. I say ignore him.
This isn't some cocktail party chit chat Judge......Padilla was going to set off a dirty bomb.
I swear these damn people want to get us all killed.
I can't say I am unhappy with this. We cannot get in the habit of declaring American citizens (scumbags or not) as illegal combattants while the court system is still functioning normally. If we were under martial law, OK I get that. But we are not, and the resolution passed by the Congress, while very near to, was not in fact an act of war. Try, convict and hang the sob.
No, this one was appointed by George W. Bush, unfortunately.
"U.S. Sen. Lindsey Graham, R-S.C., recommended Floyd for his new position, and President Bush nominated him in May to fill the vacancy left open when then-U.S. District Judge Dennis Shedd was promoted to the U.S. Fourth Circuit Court of Appeals. The U.S. Senate unanimously confirmed Floyd on Sept. 22. Bush signed the confirmation shortly afterward."
http://www.wofford.edu/woffordInTheNews/content.asp?id=26
move him to gitmo and say bye-bye badman
The judge isn't arguing with you. He's just telling the Feds to prosecute Padilla if the f#%&er has broken any laws.
99% certain this guy is indeed a badman. We have laws and courts to deal with these guys. For better or worse he is an American citizen and was caught in the US (IIRC). That is how our system works.
Graham...the next McCain
Cockroach gang banger was trained to make a dirty bomb maybe this nice Pinko judge can take him home to live in his house!
Padilla is a US citizen.
The Judge is right .... but maybe for the wrong reason.
I agree with you. It's bad enough when the government holds someone without filing any formal charges like this . . . but it stinks to high heaven when the person in question bears a striking resemblance to "John Doe #2" from the Oklahoma City bombing.
How about we release him in your city.
The present McCain clone.
People. This is a good thing. CHARGE Padilla for goodness sake! He's an American citizen, and if we allow American citizens to be held indefinitely without charge just by Presidential decree, what happens when Hillary is Prez?
What's the problem with this? Supposedly, they have enough evidence to charge him. So, charge him.
It's a good thing that the government can't just hold U.S. citizens without charging them with a crime.
Remember, the GOP isn't always going to be in charge. Do we want the Democrats to be free to lock up whomever they want without charging them?
You beat me!
Can we release him in the middle of the Atlantic? Doesn't say we can't.
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