There's no provision anywhere in the laws of the United States for holding a man because he's a slimeball, or because he has creepy associates. If we're going to use the rationales of warfare to detain Padilla as an enemy combatant, they have to be tied to something objective and meaningful, such as capture on a field of battle or in the process of committing an act of espionage or sabotage. Finally, there's no provision for suspending the writ of habeas corpus except uniformly, i.e., for all of us, such that its protections no longer bind the government in any way. Quite obviously, to say that only certain persons should no longer have habeas corpus protection is to license selective persecution.
I have yet to hear anyone allege secret evidence that would make it possible to indict Padilla on a recognized charge. I suppose that if they're going to classify him as a captured enemy soldier, that problem is of little import. But it's vital that we have some rules and some consistency about this, extraordinary times or not. Martin Niemoller's Lament applies!
Freedom, Wealth, and Peace,
Francis W. Porretto
Visit the Palace Of Reason: http://palaceofreason.com
Since so-called dirty nuclear bombs are all the rage these days, suppose that we believe that a person has the ability and inclination to perform this act?
Even if we were perfectly certain that we could capture the perp after the act, we know that punishment of any sort is unlikely to deter. The terrorists have shown that they are willing - nay, eager! - to die for their cause. Historically, our concept of law has been to let the crime happen, and then to prosecute; but can this model work against a class of criminal who kills many people - literally thousands at a time - and arranges to die in the process?
If we don't preempt terrorists, then we increase the liklihood of their success. Are we willing to pay the price in American blood?
More pointedly, would any of us be willing to stand up in front of children, spouses, and parents of burned, blasted, and terminally radiated victims and take responsibility for not detaining a potential mass murderer?
As for me, I continue to support the President and Attorney General Ashcroft.