Posted on 09/10/2005 6:43:29 AM PDT by Embraer2004
Bush can detain 'shoe bomber', says appeals court
Agencies
Richmond, Virginia: In a victory for the Bush administration, a federal appeals court ruled that the government can continue to hold indefinitely an American accused of plotting to detonate a radioactive "dirty bomb." In a unanimous decision, the three-judge panel threw out a US district court's finding that the detention of Jose Padilla, a US citizen, as an enemy combatant on Bush's orders was unconstitutional.
Padilla has been in custody for more than three years.
"The exceedingly important question before us is whether the President of the United States possesses the authority to detain militarily a citizen of this country who is closely associated with Al Qaida, an entity with which the United States is at war," Judge J. Michael Luttig wrote. "We conclude that the President does possess such authority."
A federal judge in South Carolina ruled in February that the government cannot hold Padilla indefinitely as an "enemy combatant," a designation President George W. Bush gave him in 2002.
The government views Padilla as a militant who planned attacks on the United States.
Attorney General Alberto Gonzales said in a statement he was pleased with the ruling.
"As the court noted today, the authority to detain enemy combatants like Jose Padilla plays an important role in protecting American citizens from the very kind of savage attack that took place almost four years ago to the day," he said in a statement.
Donna Newman, a lawyer for Padilla, called the ruling "an affront to our civil liberties," and said it would be appealed to the Supreme Court.
I'm not so sure about that.
My reasoning (hoping) is that Roberts was involved in a 'high profile' ruling which he then also wrote the decsion. It was just prior to him being first nominated for Sandy's chair.
But I'll be darned If I can remember exactly what it was now. IIRC it pertained to GITMO 'detainees' or the WOT? But I do recall that the ACLU & moonbats had a hissy fit.
(I could do a Findlaw search, but I have to get to work PDQ.)
"all the garbage" at Gitmo are not US citizens. Too bad you can't tell the difference, or what it means to our Consititution.
Oh, that's right. They aren't there.
The President shall be Commander in Chief of the Army and Navy of the United States
317 U.S. 1 (1942)
Ex parte QUIRIN, Ex parte HAUPT, Ex parte KERLING, Ex parte BURGER, Ex parte HEINCK, Ex parte THIEL, Ex parte NEUBAUER
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/quirin.html
Catch a clue.
Anyone that champions this ruling loses their right to open their mouths in '08, when Hillary is Queen, and they're being carted off. Blackbird.
Anyone that champions this ruling loses their right to open their mouths in '08, when Hillary is Queen, and they're being carted off. Blackbird.
"Anyone that champions this ruling loses their right to open their mouths in '08, when Hillary is Queen, and they're being carted off. Blackbird."
That is just another way of saying that no one will lose their right, because this is not going happen.
Straight from your crystal ball, no doubt! Blackbird.
No, just a little clear headed thinking. Take the tin foil off your head and try it some time.
You flunked your history class today. Bin Laden declared war on the United States long before September 11, 2001.
Funny, that's what I was bringing to the conversation, along with another FReeper. You cloud it with Republican's will alway's be in charge, not that that's anything to hold any pride in these day's.
Take the tin foil off your head and try it some time.
We'll see if the Tin Foil fits or not, soon enough. You were warned, newbie. History is filled with people who didn't heed warnings, legends in their own minds, all. Blackbird.
Before then, even among Freepers, who happen to be knowledgeable only 10-20% could have identified Bin Ladin. The rest of the country would have been about 1%
I respectfully disagree with you, I'd argue that Freepers were on to him after Khobar towers, and were definately not ignoring him after the USS Cole.
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