[NJ_gent]

Indeed, you're correct. They issued a partial ruling on the Hamdi case, which prompted the US to cut a deal with him to get rid of the case (to avoid negative precedent). In the Padilla case, we're just going through the motions yet again on its way to the SCOTUS. They side-stepped the case last time by citing jurisdictional questions. Of course, they opened the whole thing up to a potential government shell game; but it's doubtful the people or the courts would stand for such a mockery.

What it comes down to is simply this: As per the United States Constitution: you cannot arrest an American citizen on American soil and hold him in prison indefinitely without a laywer or trial. Them's the rules we all agreed to when we signed on to this whole free country thing. Want indefinite detentions without trials? Move to one of the communist nations; they love stuff like that.

• See also: 5th Amendment
• See also: 6th Amendment
• See also: 8th Amendment
• See also: 14th Amendment
• See also: Ex Parte Milligan
• See also: Posse Comitatus Act

[Congressman Billybob]

You wrote: "What it comes down to is simply this: As per the United States Constitution: you cannot arrest an American citizen on American soil and hold him in prison indefinitely without a lawyer or trial." Were you aware that in 1942 an American citizen, arrested on American soil in civilian clothes, but in the company of German saboteurs and working with them, was arrested, tried by a military tribunal outside the usual courts, and convicted?

Read In re: Quirin, 1942, for the circumstances in which the Bill of Rights cease to apply to an American citizen. This case deals with and dismisses in certain circumstances the Milligan case, which you have on your click list.

Congressman Billybob

Latest column: "Mayor Nagin: 10,000 Counts of Manslaughter"

[Congressman Billybob]

You haven't read, or haven't understood, the Quirin case. Don't take my word for it. Read Chief Justice Rehnquist's speech on the subject, in post #37. Haupt was an American citizen. His conviction was upheld with all the others, because of his violation of the Law of War.

John / Billybob

[AmishDude]

Does O'Hare airport count as US soil? Or is that a port of entry?

Because that's where Padilla (why are we not using his Muslim name?) was picked up.