Appeals Court Orders Jose Padilla released in 30 Days!

FOXCNN

[Dog]

Breaking...

[daylate-dollarshort]

Second Circuit Court of Appeals (Fed)

[Blood of Tyrants]

It's hell of lot better than the government being able to use secret evidence against you to hold you indefinitely.

[Frank_Discussion]

I agree, but I think Galtoid is right: I'm betting we have real dirt on him, and it will come to real charges. Then he can rot some more.

[Galtoid]

I agree with you guys that it isn't right to hold this vermin without charges. And I hesitate to suggest that the feds may have stepped in it bigtime. Government prosecutors are notoriously hamhanded. Either way, he deserves to be released if there is no case against him.

[dead]

Same here.

This whole Padilla thing was handled idiotically, and unconstitutionally, from the start. This guy is an American citizen. John Ashcroft can not just arbitrarily revoke those rights of citizenship.

From his history - he's a scumbag. But he's our scumbag - an American. You can't imprison Americans for months without charges. This was a power play move by Ashcroft, and he doesn't deserve to win it.

Of course, now he just has to charge him. Which is what he should have done day one.

[Sabertooth]

From Drudge:
In a 2-to-1 ruling, a three-judge panel of the 2nd U.S. Circuit Court of Appeals said Padilla's detention was not authorized by Congress and that Bush could not designate him as an enemy combatant without the authorization...

What are the Administration's options for appeal?

[NautiNurse]

Scary, unless they will watch him like a hawk.

[PISANO]

Our appeals court can always be counted on to help keep us safe

Judges seem to be MUCH more interested in the rights of the CRIMINALS or accused then with the people. While I grudgingly agree with this decision..... this coming on the heels of the HINKLEY decision, just makes one wonder!

[Dog]

Why would Bush need to get Congress approval to hold Padilla.

[RandallFlagg]

Could someone please put up a side-by-side of Padilla and OKC's "John Doe"?

[Dog]

A 2-1 decision.....look for this to be appealed.

[Frank_Discussion]

"If this release enables us to catch some other terrorists it might not be too bad."

And then put him back in the pokey on conspiracy charges.

[verity]

Well, Judge, it's this way:
We were in the process of releasing him; however, he escaped and we cannot find him to release him.

[Sabertooth]

Why would Bush need to get Congress approval to hold Padilla.

I'm only specualtiong, but perhaps this is shorthand for a ruling that al-Mujahir's (Padilla's) detention wasn't authorized by some legal provision of the Patriot Act?

Flagging lawyers.

[Thud]

Sorry for the cross-post - I did a search for Padilla but yours didn't turn up. Here's a link to the 53-page PDF file for the 2nd Circuit Court opinion:

http://www.ca2.uscourts.gov:81/isysnative/RDpcT3BpbnNcT1BOXDAzLTIyMzVfb3BuLnBkZg==/03-2235_opn.pdf#xml=http://10.213.23.111:81/isysquery/irldeab/1/hilite

[Gritty]

Does this mean I have to start taking my Iodine pills again?

[Frank_Discussion]

Innocent until proven guilty, Pisano. It's the cornerstone of our legal system, and I reluctantly agree with the court on this one. However, I think we have the scoop on him, and the prosecutors will now have to detail it a bit by placing charges on him. It is going to close up some intelligence access for us, which sucks.

[epluribus_2]

Bet there was a closed door session with the DNC chair, Hildebeast, X42, and Dashole. I would never cross Bush/Ashcroft on national defense, however. When they grrrr - there will be a swift plan to handle this matter.

[PISANO]

[NukeMan]

I agree, but I think Galtoid is right: I'm betting we have real dirt on him, and it will come to real charges. Then he can rot some more.

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?