[TheOtherOne]

In a nutshell, we cannot permit the executive branch to declare unilaterally that a U.S. citizen may be characterized as an enemy combatant, whisked away, detained indefinitely without charges, denied legal counsel, and prevented from arguing to a judge that he is wholly innocent.

BUMP

[Grut]

Before the Bushbots jump all over this guy... where do you think Rush really is? After all, he was 'linked' to the OKC bombing, wasn't he? And lately he's been deliberately harmful to the WOT by being critical of Bush....

Yes, it's true: Rush is being legally held incognito as an illegal combatant and any 'Rush' you hear on the radio is just some ringer brought in by the EIB Network to keep the show from losing money.

Or if this isn't so, how would we know?

[KC_Conspirator]

It clearly states in my passport the reasons that I may have my citizenship revoked. One of them is for taking up arms against my country. Citizen my @$$.

[browardchad]

What gives? Four men: two citizens and two non-citizens. Is it possible that constitutional rights — like habeas corpus, which requires the government to justify continued detentions, and the Sixth Amendment, which assures a speedy and public jury trial with assistance of counsel — can be denied to citizens yet extended to non-citizens?

Is there something that Padilla knows that makes it imperative to keep him incommunicado? Aside from the legal and constitutional issues, this just doesn't make sense, when compared to the treatment of Reid, Moussaoui and Lindh.

[ellery]

Anyone who is comfortable with the administration's stance on this should stop and imagine a future President Hillary with this power. Once the precedent is established, there's no going back.

I don't think anyone here is arguing that suspected terrorists should be classified as common criminals...but there at least has to be some sort of formal process for judging whether or not someone is a terrorist...

[PoppingSmoke]

"If the president were to modify his order, the Quirin decision might provide legal authority for the military to try Padilla. But the decision provides no legal authority for detaining a citizen without an attorney solely for purposes of aggressive interrogation."

The nut of the problem. If the administration would stop being so dang PC and modify the order, I would not have a problem. Though they would have to follow the UCMJ. What was in their minds when they allowed this guy to reenter the US?! Pass through the Custom Zone, then arrest him reading him his Maranda Rights. DUH!

[genefromjersey]

This article-and others like it-have raised some heated debates.

1. Under section 349 of the Immigration Codes, a person may lose citizenship by entering or serving in the armed forces of a foreign state-engaged in hostilities against the U.S. ( This section seems a bit "iffy".)

2.The most reasonable -( previously tested and upheld ) apporoach is treating the detainee as an unlawful combatant ; ie: one who does not appear to be functioning within a command structure;who deliberately blends in with the civilian population;who does not openly carry arms;and who targets the civilian population, rather than the military.

3.The best known recent example of this involved Nazi saboteurs during WWII-one of whom was an American citizen.The would-be saboteurs were tried before a military tribunal-some executed; one imprisoned.

4. It seems worthwhile to repeat the remark made some time ago by a very distinguished jurist :
"The Constitution is NOT a suicide note ! "

[mindprism.com]

— can be denied to citizens yet extended to non-citizens? That's what the Bush administration would have us believe

"If you are not with us, you're against us."

So who are we "with"???

[Destructor]

"Jose Padilla, a.k.a. Abdullah al-Muhajir, supposedly plotted to build and detonate a radiological "dirty bomb." He is a U.S. citizen. Yet he's being detained by the military — indefinitely, without seeing an attorney, even though he hasn't been charged with any crime."

Ever heard of TREASON!?! This converted Muslim loser is not the only one who has Rights! All Americans have the the Right to LIFE, Liberty, and the pursuit of happiness. This means that we all have the Right to live and be alive, and not be nuke toast just because some loser is angry at the whole world! You would release an enemy agent to perpetrate a heinous attack against your own countrymen!! Personally, I don't care what it takes I want Padilla held in custody for the duration of the war!!!