Appeals Court Orders Jose Padilla released in 30 Days!

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[Dog]

Breaking...

[Kirkwood]

Makes my job protecting law abiding citizens a lot tougher. This just encourages terrorism.

[jwalsh07]

Well, it shows me that if we would just go back to the old-fashioned idea of specifically declaring war when we want to go to war, and victory when we win, this stuff would be taken care of.

Could you point me to the method of declaring war in the Constitution?

[freeeee]

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

Wrong. Such an action is by definition treason, and is explicitly covered under our Constitution:

Article III, Section. 3:
"Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

Note:
1. Treason is by constitutinal definition "levying War against (the United States)".

2. "conviction of Treason" is included. One must have a trial to be convicted.

3. If treason were grounds for forfeiting citizenship, the Constitution would have enumerated the power for the government to do so. It mentions no such power. Since our governmnet enjoys only enumerated rights, the omission of stripping citienship from allegedly treasonous Americans means that power does not exist.

The proper and constitutional solution to the Padilla case is to try him for treason, then hang him when he is convicted.

[Steely Tom]

Rosemary Pooler got her start in politics in the town I grew up in, Dewitt, NY. She came up during the early '70's. Her steppingstone to power was a "Consumer Protection" position (I can't remember whether it was elected or appointed), which position she was the first to hold (back in, like, 1971).

She is associated with NOW. She is hard-left "progressive." Her daughter was one of my sister's childhood friends.

She used to get her face in the media all the time, until she was appointed to the federal bench. Now she is invisible, except for her decisions.

(steely)

[lugsoul]

jwalsh - if we could set aside our little gentlemen's agreement for a second, I have a serious question about your posts here - what part of the Joint Resolution provides for suspension of the Bill of Rights?

[sourcery]

they have no authority to tell Congress how to declare war.

They have the only Constitutional authority that exists to decide whether or not Congress has declared war. No one else has the final say in this. Judicial Review is a long settled issue.

[jwalsh07]

jwalsh - if we could set aside our little gentlemen's agreement

If we did that we would not have honored the agreement. Can't go there.

[jwalsh07]

They have the only Constitutional authority that exists to decide whether or not Congress has declared war.

They have no such authority, none, nada, zippo. The constitution is quite explicit about that, the power to declare war resdies in the Congress. How they declare war also resides in the Congress. The judiciary has squat to say about it.

[highlander_UW]

But they didn't say where they had to release him. I suggest perhaps either Antarctica, or far up a hillside in Borneo.

[Kryptonite]

Agreed. What is the point of requiring Congress to declare War in order to detain people as enemy combatants? This guy is a US citizen. Congress will never declare war against the US.

All seems rather silly to me.

[NativeNewYorker]

Perfect Democrat.

[epluribus_2]

Well good question (probably because Dems - majority in Senate at the time - would not go for it without UN permission). But this guy is not part of that "war" per se, dirty bombers are part of the global war on terror and that war has no official sponsor. (But Saudi Arabia, Iran, Syria, Pakistan have a lot to come clean about)

[larlaw]

Keep in mind, the fact that the second judge, Barrington Parker, was nominated by President George W. Bush is technically true but very misleading; In fact, Parker was a CLINTON appointee to the U.S. District Court, and he (along with Roger Gregory I believe) was one of the two CLINTON nominees that President George W. Bush re-nominated in an attempt to try and create "good will" with Senate Democrats.

In reality, this decision was two Clinton Appointees v. one true Bush appointee, and guaranteed this decision will be appealed by the government to the full Circuit Court and then likely to the U.S. Supreme Court.

[epluribus_2]

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.

[MizSterious]

In case you haven't seen this...

(File under, "What're they, nuts?")

[William Terrell]

Our appeals court can always be counted on to help keep us safe......heavy on the sarcasm!!!!

You think it's safe to establish a precedent for holding an American citizen without charges?

[B Knotts]

But if they declare war, but don't say that they declared war, things like this end up in the courts, which is my point.

I honestly don't see what the problem is with just declaring war, especially in the case of Iraq.

[Kryptonite]

Exactly. Who is Congress going to declare war on in order to enable the President to detain dirty bombers? It's an absurd ruling. I'd like to see War declared on Al Davis and da Raiders, but while they suck, they aren't sponsoring terror as far as I know, and it wouldn't take a state sponsor to enable a dirty bomber to threaten the lives of millions of Americans.

Stupid with a capital S.

[B Knotts]

Congress will never declare war against the US.

If Cynthia McKinney were Speaker of the House, it might.