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Bush can detain 'shoe bomber', says appeals court (J. Michael Luttig's decision)
Gulf News ^ | 9/10/05 | Agencies

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.


TOPICS: News/Current Events
KEYWORDS: 4thcircuit; enemycombatant; gwot; luttig; news; padilla; ruling; terrortrials
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1 posted on 09/10/2005 6:43:30 AM PDT by Embraer2004
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To: Embraer2004

Leave it to the arabs to confuse the shoe bomber with the dirty bomber


2 posted on 09/10/2005 6:49:23 AM PDT by karlito
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To: Embraer2004

"Shoe Bomber"? Wasn't that another person?


3 posted on 09/10/2005 6:49:28 AM PDT by NY Attitude (You are responsible for your safety until the arrival of Law Enforcement Officers!)
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To: Embraer2004

What does this have to do with the "Shoe Bomber" who has already been convicted, sentenced and is in prison?


4 posted on 09/10/2005 6:51:30 AM PDT by FreePaul
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To: Embraer2004

What does this have to do with the "Shoe Bomber" who has already been convicted, sentenced and is in prison?


5 posted on 09/10/2005 6:52:12 AM PDT by FreePaul
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To: NY Attitude

LMAO!! The Arabs are confused about the shoe bomber and Padilla!! That shows you that to them a bomber is a bomber no matter if it is shoe or dirty!


6 posted on 09/10/2005 6:52:37 AM PDT by Embraer2004
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To: Embraer2004

Shoe bomb, shoe bomb...


7 posted on 09/10/2005 6:54:05 AM PDT by billorites (freepo ergo sum)
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To: FreePaul

Yep. The Brit shoe bomber who actually got due process in the Courts, as opposed to the American dirty bomber who got diddley.


8 posted on 09/10/2005 6:55:52 AM PDT by lugsoul ("She talks and she laughs." - Tom DeLay)
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To: Embraer2004
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.

Good!
By the time it gets there Luttig will be sitting in "Sandy's" chair (I hope) and he'll get the chance to tell you to go pound sand again.

9 posted on 09/10/2005 6:56:18 AM PDT by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
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To: karlito
Leave it to the arabs to confuse the shoe bomber with the dirty bomber.

Understandable, if you've ever seen an Arab's shoes.

10 posted on 09/10/2005 6:57:23 AM PDT by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Condor51

It is true, how ironic it would be to have Luttig kick their butts again as a Supreme Justice!


11 posted on 09/10/2005 6:58:00 AM PDT by Embraer2004
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To: Condor51

It is true, how ironic it would be to have Luttig kick their butts again as a Supreme Justice!


12 posted on 09/10/2005 6:58:32 AM PDT by Embraer2004
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To: Embraer2004
an entity with which the United States is at war,"

When was the formal declaration made?

We could avoid a lot of these legal issues if we just went ahead and declared formal war.

13 posted on 09/10/2005 6:58:48 AM PDT by va4me ("Government isn't the solution to the problem, it is the problem" - Ronald Reagan)
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To: lugsoul
...as opposed to the American dirty bomber who got diddley.

Yeah, too bad he didn't get what he deserves. It would have saved a lot of money and we wouldn't be having this discussion.

14 posted on 09/10/2005 7:06:31 AM PDT by FreePaul
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To: FreePaul

Take him out back and blow his head off .NEXT ?


15 posted on 09/10/2005 7:10:01 AM PDT by hoboken109
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To: FreePaul
The day that what a citizen 'deserves' is determined solely by what the Federal Government tells you about him, without any presentation of evidence or judicial process, is the day the Republic dies.

I'm not defending Padilla. But if what the Feds say about him is true, it should be pretty easy to put him away the Constitutional way. And if they can't do that, one has to wonder whether they can prove what they claim.

16 posted on 09/10/2005 7:10:36 AM PDT by lugsoul ("She talks and she laughs." - Tom DeLay)
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To: lugsoul

Ok then ..lets get all the garbage at Gitmo and get them all lawyers and put them all on court TV ( then on the talk show circut afterwards )..Good idea..


17 posted on 09/10/2005 7:12:49 AM PDT by hoboken109
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To: lugsoul

Liberals sought long ago the death of the Republic, and there is no way to protect the security of this nation considering what goes for judgment these days.

I do not like it anymore than you do, however, reality is reality and sad to say judge shopping has already become an established precedence.


18 posted on 09/10/2005 7:14:50 AM PDT by Just mythoughts
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To: lugsoul
When someone is trying to kill you there are several options. You can hire a lawyer to see what the legal system can do, you can call the police and hope they show up or you can defend yourself. The first two options keep you in jeopardy while someone else decides what to do.

Unfortunately we seem to be hung up on option number one. I don't have the trust in the federal judicial system that you have. Too many judges don't see anything wrong with a person trying to create havoc in this country as long as they can see a political expression in ther acts of terrorism. At least a few judges, so far, have agreed that this person is enough of a danger that we should be protected from his future actions. Maybe this could be considered "due process."

19 posted on 09/10/2005 7:29:57 AM PDT by FreePaul
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To: Condor51

A high-profile ruling like this which helps Bush may make it harder for him to pick Luttig for O'Connor's replacement...not that I thought he was likely to pick Luttig anyway. He's under pressure to pick a woman or a Hispanic. If it was J. Miguel Luttig he might have a chance.


20 posted on 09/10/2005 7:41:42 AM PDT by Verginius Rufus
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