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To: buffyt
The worst thing about this whole situation goes far beyond the way Dubya and th' boyz have treated a US citizen, who was arrested on US soil and not in the process of committing any act of violence at the time of his arrest. In fact, as has become the norm, the media most often skips over this point. The issue of which I speak, is the glaring unmitigated gall of Dubya and Ashcroft, in declaring that, "Under the Sixth Amendment, the right to counsel does not apply until charges are filed."

WHAT?!!!

Under that specious logic, any one of us could be arrested, but not charged and be denied our 6th Amendment rights indefinitely!

Give me a break!

I knew that Dubya was power hungry. But, even der Schlickmeister, himself (klinton), didn't have the gall to propose such an absurdity. I'm sure that der Schlickmeister is now kicking himself for not trying of that one, because he could have used it to get rid of a lot of his political enemies, who were otherwise untouchable.

This is not about Jose Padilla, the probable terrorist, but about Jose Padilla the US CITIZEN.

"It behooves every man who values liberty of conscience for himself, to resist invasions of it in the case of others." --- Thomas Jefferson

Padilla is probably guilty. But, he's a US citizen and entitled to the same guarantees that you and I expect, until such time as the administration can show just cause to a court, why those guarantees should not apply to him. As Jefferson's statement suggests, if we allow Bush and Ashcroft to get away with this, we open the door for future usurpations of our own rights.

It's not just the fact that Dubya and th' boyz are denying a US citizen his 6th Amendment rights, that should concern us, but that the reason they give for denying him his rights, represents a serious threat to EVERY AMERICAN CITIZEN!

Even if we now grant Padilla access to an attorney and the court, but fail to hold those responsible for this blatant abuse of power, to account, then we have achieved nothing, but to restore the rights of a probable terrorist. To protect our own rights and insure that such abuses will not be tolerated in the future, not only must Padilla be granted access to an attorney and the courts, as the 6th Amendment dictates, but those responsible for this blatant abuse of power, including Dubya and Ashcroft, must be held legally accountable, just as we hold a policeman responsible, who beats a suspect who is not resisting arrest. Otherwise, we send a message to future administrations, both Republican and Democrat, that you can get away with violating the rights of citizens, as long as you eventually come around, when the pressure is on.

To paraphrase Voltaire, I may not agree with what Padilla probably did, but to my death I will defend his right to the protections guaranteed him under the laws of our nation. But, even after such a strong statement, I must admit to a selfish motive, since to do anything less, would be to accept this foul argument as a precedent and thereby ascent to allowing the government to do the same to me at some future time.

 

11 posted on 11/30/2003 2:18:03 PM PST by Action-America (Best President: Reagan * Worst President: Klinton * Worst GOP President: Dubya)
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To: Action-America
"Dubya and Ashcroft, in declaring that, "Under the Sixth Amendment, the right to counsel does not apply until charges are filed." "

LOL!
It is the courts who have declared that the Sixth Amendment means what it says: "In all criminal prosecutions..."
(Yes, it's hard to believe the Supreme Court ever supported the Constitution... )

If any criminal prosecutions are commenced against Padilla he will enjoy his Sixth Amendment rights just as he is currently enjoying his right to petition for Habeas Corpus.

12 posted on 11/30/2003 3:04:03 PM PST by mrsmith
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