Once again, Dubya and Ashcroft are thumbing their noses at the Constitution and the American people, under the auspices of the unconstitutional USA Patriot Act and the unconstitutional Homeland Security Act. Dubya and Ashcroft are doing their best to dismantle the Constitution. Thankfully, there is still at least one conservative judge out there, who doesn't march lockstep to Dubya's drum beat.
Granted, Padilla is probably guilty. But as a US citizen, he has the right to council. The whole idea of our Constitution was to provide a system of checks and balances, to insure that no one branch of government could wield just the type of unilateral power that this case represents. Unfortunately, our founding fathers made no provision for dealing with an Administration who thumbs their noses at the Court.
The Padilla case is only a litmus test for the Administration. If they are allowed to get away with denying Padilla his Constitutional rights, then precedent will be established and they will slowly begin to use that precedent to deny the Constitutional rights of other US citizens, being careful in the beginning, to insure that their victims are really guilty of some real crime. But, once the genie is out of the bottle, those in government will eventually use that precedent to deny the rights of some of those who they only suspect, but may indeed, be innocent of any crime. Being denied access to any independent attorney (even one with a TS clearance), the innocent citizen will never be able to have any impartial party hear his side. If Dubya and Ashcroft have their way, some day that person may even be you.
The Administration began by using the War on Terrorism as an excuse to strip away our few remaining Constitutional rights. Today, they are thumbing their noses at the court, when the court calls their hand? Where will they be tomorrow? It's time to demand of our elected representatives in both houses, that the USA Patriot Act and most of the Homeland Security Act be repealed. The question that remains is would Dubya and Ashcroft thumb their noses at Congress, too? I honestly don't think so. But, considering their record up to now, it's a question that had to be asked.