Appeals Court Orders Jose Padilla released in 30 Days!

FOXCNN

[epluribus_2]

I mean, with two of the three member panel of apointees, er, I mean Judges. (See 9th Circus COA for more info)

[Thud]

Not for enemy prisoners of war, lawful or unlawful.

[glannon]

i don't think that's so much a surprise as exactly what the court wants -- its not saying the guy should be let go. its saying the guy should be let go or charged.

[glannon]

Judges seem to be MUCH more interested in the rights of the CRIMINALS or accused then with the people

I think hte judge rather asked that hte guy BE accused of something.

[Frank_Discussion]

Yeah, I know. It seems the prosecution can't convince the court that that is what he is. I certainly think that is the case, but if they can't reach the same conclusion, well, there is a legal path to follow.

I guess I would say I understand their decision, but I certainly don't agree with it.

[jimbo123]

Judges on the 2nd Circuit Court of Appeals

For the decision:

Rosemary S. Pooler,
appointed 06/03/98 by President William Clinton


Barrington D. Parker,
appointed 10/16/01 by President George W. Bush


Against the decision:

Richard C. Wesley,
appointed 6/11/03 by President George W. Bush

[epluribus_2]

In wartime, it's OK to just shoot spies and other operatives for the enemy who are caught lurking in our country.

[Galtoid]

Perhaps they've been cross-referencing Padilla's story with others at Gitmo.
Wonder how much he's told them voluntarily.
If he's told them nothing, and they have yet to materialize charges against him, then he is being held unlawfully. Period.
But . . . if Padilla is a bigger player than the media thinks, and if he's been singing. . .

[Puppage]

Hey, now & he and Hinckly can start that business they've always talked about. Lovely

[ImphClinton]

You renounce your citizenship when you take up arms against soldiers from your own country. He is no longer an
American all that is needed is that he be caught with the enemie and he was.

[m1-lightning]

He can ask for a full 9 judge appeal.

[NativeNewYorker]

http://tinyurl.com/33zdr

Rosemary S. Pooler, 55, has served as a Justice on the New York
State Supreme Court since 1991. Prior to her election to the court, she
held a number of positions, including several years as a lawyer in
private practice, Assistant Corporation Counsel for the City of
Syracuse, Executive Director for New York's Consumer Protection Board,
vice-president of Legal Affairs for the Atlantic States Legal
Foundation, and a visiting professor at the Syracuse University School
of Law. Ms. Pooler and her husband, William S. Pooler, have two
children, and live in Syracuse.

[jimbo123]

Pending Nominees to the 2nd Circuit Court of Appeals

None


Judges on the 2nd Circuit Court of Appeals

John M. Walker, Jr., Chief Judge,
appointed 11/27/89 by President George Bush

Amalya L. Kearse,
appointed 06/21/79 by President Jimmy Carter

Dennis Jacobs,
appointed 10/02/92 by President George Bush

Pierre N. Leval,
appointed 10/20/93 by President William Clinton

Guido Calabresi,
appointed 07/21/94 by President William Clinton

Jose A. Cabranes,
appointed 08/10/94 by President William Clinton

Fred I. Parker,
appointed 10/11/94 by President William Clinton

Chester J. Straub,
appointed 06/03/98 by President William Clinton

Rosemary S. Pooler,
appointed 06/03/98 by President William Clinton

Robert D. Sack,
appointed 06/15/98 by President William Clinton

Sonia Sotomayor,
appointed 10/07/98 by President William Clinton

Robert A. Katzman,
appointed 07/16/99 by President William Clinton

Barrington D. Parker,
appointed 10/16/01 by President George W. Bush

Reena Raggi,
appointed 05/01/02 by President George W. Bush

Richard C. Wesley,
appointed 6/11/03 by President George W. Bush

[MindBender26]

.... and what army is this court going to send to Gitmo to release him?

[sourcery]

The "Enenmy Combatant" cases have nothing whatsoever to do with the Patriot Act. They are based on the World War II case known as ex-Parte Quirin. The court in this case basically said that ex-Parte Quirin does not apply, because Congress has not declared any war, and so no war exists that has any Constitutional standing.

[tubavil]

Ammonium nitrate bump.

[jwalsh07]

I'm not a lawyer but here is my blue collar opinion.

It's a stupid decision that encroaches on the executive's power to execute war. They seemingly ignored the Quirin precedent but that doesn't surprise me since stare decisis only obtains when judges are ruling on social issues that accord with their liberal ideology.

Having not read the decision, I don't know for sure butI doubt the Patriot Act was even mentioned.

How they finessed the wording of the Joint Resolution that: “authorizes the President to use necessary and appropriate force in order to prevent any future acts of international terrorism against the United States will be an interesting read.

[FairOpinion]

http://apnews.myway.com/article/20031218/D7VGTM3G0.html


Bush Overruled on 'Dirty Bomb' Suspect

Dec 18, 11:51 AM (ET)

By LARRY NEUMEISTER

(AP) This is a 1991 booking mug of Jose Padilla after an arrest in Sunrise, Fla. President Bush does...
Full Image


NEW YORK (AP) - President Bush does not have power to detain American citizen Jose Padilla, the former gang member seized on U.S. soil, as an enemy combatant, a federal appeals court ruled Thursday.

The decision could force the government to try Padilla, held in a so-called "dirty bomb" plot, in civilian courts. In a 2-1 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.

Padilla is accused of plotting to detonate a "dirty bomb," which uses conventional explosives to disperse radioactive materials. The former Chicago gang member was arrested in May 2002 and within days was moved to a naval brig in Charleston, S.C.

The court directed Defense Secretary Donald Rumsfeld to release Padilla from military custody within 30 days, but said the government was free to transfer him to civilian authorities who can bring criminal charges.

If appropriate, Padilla can also be held as a material witness in connection with grand jury proceedings, the court said.

"As this court sits only a short distance from where the World Trade Center stood, we are as keenly aware as anyone of the threat al-Qaida poses to our country and of the responsibilities the president and law enforcement officials bear for protecting the nation," the court said.

"But presidential authority does not exist in a vacuum, and this case involves not whether those responsibilities should be aggressively pursued, but whether the president is obligated, in the circumstances presented here, to share them with Congress," it added.

Padilla is accused of plotting to detonate a "dirty bomb," which uses conventional explosives to disperse radioactive materials. The government said he had proposed the bomb plot to Abu Zubaydah, then al-Qaida's top terrorism coordinator.

He was arrested in May 2002 at Chicago's O'Hare airport as he returned from Pakistan. Within days, he was moved to a naval brig in Charleston, S.C.

Only two other people have been designated enemy combatants since the 2001 terrorist attacks: Ali Saleh Kahlah Al-Marri, a citizen of Qatar who has been accused of being an al-Qaida sleeper agent, and Esam Hamdi, a Louisiana native captured during the fighting in Afghanistan.

In its ruling, the court said it was not addressing the detention of any U.S. citizens seized within a zone of combat in Afghanistan.

[Chaos]

Wow, maybe Jose and Hinkley can go have lunch together.

[NonValueAdded]

Isn't this a case of the system working properly? This CINO (citizen in name only) got a judicial review by means of a writ of habeus corpus but hopefully will receive justice in the end.

Note from the decision, clickable here that [emphasis added]:

We also conclude that Padilla’s detention was not authorized by Congress, and absent such authorization, the President does not have the power under Article II of the Constitution to detain as an enemy combatant an American citizen seized on American soil outside a zone of combat.

So it appears the "error" is we need to wait until CONUS becomes a zone of combat. Flashback to 9/11 - did you hear explosions?