Appeals Court Orders Jose Padilla released in 30 Days!

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[Dog]

Breaking...

[aristeides]

#235.

[oceanview]

between the liberals on the bench, the media, and alot of people on this thread, I wonder that we should bother even fighting the war on terror anymore.

[Protagoras]

As I pointed out to one of the pro-Padilla

Name one pro Padilla poster on this thread.

[aristeides]

I think Recovering_Democrat may be confusing pro-Constitution with pro-Padilla.

[freeeee]

As I pointed out to one of the pro-Padilla clowns on this thread

I'm not pro-Padilla. In my post #83 I said I hope they hang him.

The smear tactic you're using is typical - if you stand up for the Constitution, you like criminals or maybe you are one. Want trials for Americans, you must be a terrorist. Don't like warrantless searches, you must be a drug dealer. If you advocate free speech, you're an anarchist. If you defend the 2nd Amendment, you're Tim McVeigh, etc...

I think this smear tactic originated on the left, but its found a home on this site. I also think it exposes a cult of personality in the person who uses it - what should happen to any particular person depends on your opinion of them, or if someone you like holds that person as an enemy.

The reason this case is important is not for Padilla's well being. It's about the unalienable right of every American citizen to recieve due process of law as guaranteed under the Constitution. It's because stare decisis hold that what happens to this man may be used against any of us in the future. It's about the absolute unchecked power that empowers a single branch of government to simply point a finger at any American causing him to disappear in the night, never to be heard from again, with no recourse, no evidence, no trial. And that is very, very important.

[Redbob]

Where and when?
That's all we need to know.

[Protagoras]

It's one of a long list it seems. I love these charges without names. It is a common tactic around here though. Never any answers. There is one guy/girl here who goes on every thread and accuses unnamed people of being paid by George Soros to post here. LOL

[antiRepublicrat]

...what happens when he calls Zubayda and KSM as witnesses, should the government be required to produce them?

6th Amendment: "In all criminal prosecutions, the accused shall enjoy the right to ... have compulsory process for obtaining witnesses in his favor..."

I'd say yes. It would take some seriously activist judges to get around the clearly stated right.

[antiRepublicrat]

You renounce your citizenship when you take up arms against soldiers from your own country.

No, you don't.

[antiRepublicrat]

Why didn't they just charge him then? Seems simpler to me. I have little doubt he's dirty in some fashion, but why take the low road on it?

Because just charging him means Ashcroft has to act within the governmental restraints set by Constitution and recognize the constitutional rights of citizens. That's no fun.

[BOBTHENAILER]

Drop him off in an al-Qaeda neighborhood with about $25,000 in cash and a signed thank-you note from Rummy.

Superb idea my FRiend.

[jwalsh07]

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.

So far precedent has not been followed as far as this majority opinion is concerned. Ex-Parte Quirin is the precedent for citizens who are enemy combatants.

Next to become a jihadist and conspire to kill my fellow citizens? You're dreaming.

If you become a jihadist and conspire to kill your fellow citizens then it would be find with me if you were a duck on the range. Otherwise, you would be incorrect.

Padilla has an attorney, he will get his trial and Habeas has not been suspended so in point of fact, everything you said was factually incorrect.

Blindly supporting lunatic activist decisions like this one because it accords with some ideology is nothing to be admired.

[aristeides]

I recently read Ulrich Herbert's Best , a biography of Werner Best, the chief legal mind in the Gestapo in its early years. The justification Best used for exempting Gestapo actions from judicial review sounded depressingly familiar: internal state security, like the military, involves the very safety of the state; thereafter the courts are best excluded.

[antiRepublicrat]

I recently read Ulrich Herbert's Best

Sounds like a book I need to get. I guess I'm lucky I can read German.

[ellery]

We hung the rosenbergs for giving the enemy weapon plans during the undeclared "cold" war. And in WW2 any american born sympathizers worked on an attack plan with Nazi counterparts would have been shot.

But what was the process for confirming that the Rosenbergs gave our enemies plans? What would the process have been for proving that sympathizers worked with the Nazis? The question here is not what we should do with him once he's convicted of a crime, but rather what process passes Constitutional muster for determining his guilt.

[ellery]

I understand your point, but what's the alternative? How do you propose we should determine the guilt or innocence of American citizens caught here in the US and accused of planning terrorism?

[plain talk]

Liberal Clinton judges run amuck. Just another day in America. When it comes to terrorism charges the admin should get all the slack it needs. It's not over.

[Recovering_Democrat]

I am listening to you, freeeee, (I wasn't calling you pro-Padilla, btw...) because I believe you're sincerely trying to dialogue about this situation.

You can trust me when I say I'm giving your points about treason, etc. serious thought...though the stakes are so high here, I'm apt to trust the CINC on this one and not a couple of comfortable Robed Masters in New York.

[Destructor]

Oh, yes-- that's right! The dirty bomb will only kill 10,000-20,000 people instead of a couple million. A rocket scientist like you probably thinks those are acceptable losses.

[lugsoul]

It is just the kind of hysteria you spew that makes a "dirty bomb" an effective weapon of terror. By far the most far reaching consequence of such a device is the fear it will cause. The actual death toll would be slightly more than a conventional explosive of the same size.

Of course, with the well-known scientific acumen of Jose Padilla, who knows what kind of superbomb he could create.