Appeals Court Orders Jose Padilla released in 30 Days!

FOXCNN

[Dog]

Breaking...

[sourcery]

ook, why don't we cut this debate short. All you need do is point to the section of the Constitution which grants the judiciary the power to tell Congress how to conduct it's business.

The Court is not telling Congress how to conduct its business. It's not telling Congress that it has to do anything. It's simply interpreting the law as it applies to the unconstitutional detention of an American citizen, on American soil, in the absence of a Constitutionally-declared war. The court has simply said that in order to indefinitely detain anyone as an enemy combatant, the President must have explicit authority from Congress to do so. The court finds that Congress has not granted such authority. The Constitution empowers the Court to make such findings and decisions. See article III, and see Marbury vs. Madison.

[mrsmith]

Yes, goodness, you remember that?

Boy I dread reading the majority opinion, it won't make a lick of sense.
But it's got to be done.

[jwalsh07]

FNC is now reporting that the terrorist held at Gitmo should be given the same rights as in America per the CT Fed Court

Which necessarily means that they must be Mirandised on the battlefield. Rhinehart the Lunatic I presume.

[oceanview]

well its all falling apart now. We may have a constitutional crisis brewing here, unless the Supreme Court can step in quickly. But the terrorists may have 5 votes on the SCOTUS now too.

[jwalsh07]

Having failed to point to the relevant sections of the Constitution granting the power to the judiciary to tell Congress how to declare war and conduct their business, I consider you to have concede the point that no such section exists, Justice Marshall not withstanding.

[Mo1]

From Drudge



SAN FRANCISCO__9th U.S. Circuit Court of Appeals' 2-1 decision is rebuke to the Bush Admin. MORE///

The administration maintains that because the 660 men held there were picked up overseas on suspicion of terrorism and are being held on foreign land, they may be detained indefinitely without charges or trial.

[Protagoras]

Heh. Whatever. Look, the fact of the matter is, despite your contentions of malfeasance upon the current administration and the law, the WoT is going on successfully.

I never said any of these things, that is why I reply. Straw men are a poor way to debate.

This is a temporary setback that will not stop Law Enforcement.

It will not stop it, that is the point, and it's not a setback.

How sad you're experiencing an apparent priapism because two jackass judges in New York have ruled against the Department of Defense.

How sad you have to say these silly things.

I'll be happy to settle with whatever the administration decides to do in this case, because I trust their judgement over yours in this War On Terror.

Edited for clarity.

Tell you what, though: since you're as unbending in your opinion as I am, I'm going to cut off discussion with you on this thread.

That works for both of us. You get to exit without further embarrassment and I get to correct the intentional streaming.

Go ahead and flame me back, and I promise I won't respond.

I didn't flame you at all. And we'll see about that I guess.

[Recovering_Democrat]

I hope you're wrong. This is the a mere setback by the courts in the administration's WoT. And it is only two lousy judges. Hopefully there will be a workaround to keep this jackal in the clink--the desires of the Padilla sympathizers notwithstanding.

[Protagoras]

It gives me much pause. About the other judge as well. And I will never reconcider my support of the constitution as it was written.

[cyncooper]

And I will never reconcider my support of the constitution as it was written.

You should support the Constitution. But your assertions and interpretations of it are the issue.

[Protagoras]

Everything you state here is without factual basis.

LOL, nonsense. I was thinking the same about your statements.

Only Hamdi and Padilla are being held as enemy combatants, the other 280 million of us are still going about our business.

So far, precedents are a bitch. You lose your rights and they are tough to get back. You might be next. I'm sure if I was next, it would be just ducky for you.

[Protagoras]

But your assertions and interpretations of it are the issue.

As are yours. That is what this discussion is about.

[woodyinscc]

You lose your rights and they are tough to get back

I will grant you this.

You lose your Country, or it becomes a battleground for terrorist, rights become irrelevant.!

[oceanview]

maybe its best to "have it out" with these courts once and for all, on an issue with massive public support. expect the calls for the impeachment of Bush to begin shortly should he decide to do anything but obey these rulings (from some people here even).

All federal judges should be term limited to 15 years. We cannot have a system where a handful of unelected graduates from Ivy League law schools effectively run the country, now they are even running our wars.

[aristeides]

Even the dissenter, Judge Wesley, does not approve of the government's position. He would grant Padilla the right to bring a habeas corpus action -- which the government also, incredibly, opposes.

[snopercod]

sure, me and all my "prepared" friends are ready to stop a dirty bomb from being set off.

What? You haven't bought your duct tape and visqueen yet?

Seriously, there are simple things you can do easily to prepare yourself for "fallout". The first thing you need to do is to educate yourself on different types of radiation and how to protect yourself from it's effects.

Surviving a "dirty bomb" is trivial if you know what to do. Waiting for "big brother" to save you will kill you.

[Protagoras]

You lose your Country, or it becomes a battleground for terrorist, rights become irrelevant.!

I would counter that by saying, I don't care which group takes my rights. Anyone who does so is my enemy.

I will tell you this, my rights are always in danger. Always have been. The founders warned of this. I am less afraid of foreign towel heads with box cutters than I am of a government which continually chips away at my rights. At every level from my aldermen to the Federal government.

Now watch that get twisted.

[riri]

911 has been TOTALLY FORGOTTEN!!

It has been forgetten for some time now. And for the most radical it was never an issue as to where the blame lie (with the United States).

The courts are way out of control as is the 5th column in this country. News like this is really disenheartening.

[snopercod]

...the government didn't even argue the Patriot Act before the court in this latest ruling.

There's a reason for that. It will be (correction: should be - with this court you never know) struck down as unconstitutional if the government presses it.

The constitution clearly states that all criminal trials must be public, not secret.

But some folks here want to turn justice over to secret military tribunals. They should be more careful what they wish for.

[Recovering_Democrat]

As I pointed out to one of the pro-Padilla clowns on this thread, this decision was handed down by two--two judges in the liberal northeast. These are the people "conservatives" here are cheering. Well. They'll lose in the end--there will not be freedom for their buddy Jose. Ain't gonna happen.