Posted on 02/28/2005 3:20:44 PM PST by MisterRepublican
SPARTANBURG -- A federal judge in Spartanburg has ordered that an American citizen held as an enemy combatant in a Navy brig in Charleston should be charged with a crime or released.
U.S. District Judge Henry F. Floyd ruled Monday that the president of the United States does not have the authority to order Jose Padilla to be held indefinitely without being charged.
"If the law in its current state is found by the president to be insufficient to protect this country from terrorist plots, such as the one alleged here, then the president should prevail upon Congress to remedy the problem," he wrote.
In the ruling, Floyd said that three court cases that the government used to make its claim did not sufficiently apply to Padilla's case.
Floyd wrote that, in essence, "the detention of a United States citizen by the military is disallowed without explicit Congressional authorization."
Floyd wrote that because the government had not provided any proof that the president has the power to hold Padilla, he must reject the government's claim of authority.
"To do otherwise would not only offend the rule of law and violate this country’s constitutional tradition, but it would also be a betrayal of this nation’s commitment to the separation of powers that safeguards our democratic values and individual liberties," he wrote.
(Excerpt) Read more at thecarolinachannel.com ...
I agree. This isn't some foreigner. We're talking about a US citizen, a despicable one perhaps, but a US citizen nonetheless.
Some of you on this thread sound like you're advocating suspending the Bill of Rights.
Paticularly :
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
No one's saying that -- at least I'm not.
I'm saying, charge him. Convict him. Maybe even execute him.
But, treat him the way American citizens are treated when charged with a crime.
BINGO!
Why do you oppose trial by jury? Do you also oppose election of our political leaders? What else about America do you hate?
The DOJ needs to explain why he hasn't been charged.
Tricky situation, but I feel the right choice was made.
In that case, maybe George needs to invite him down to the ranch in Texas and teach him what the "woodshed" is all about.
You got your 4th, 5th, and 6th Amendment rights when we say you got em.
Excuse me...?
What if Padilla had set off the dirty bomb....what would your reaction be then..
HUH?
The Constitutional requirement is to prove this allegation via due process. Is that reaaly too much to ask?
Thanks for the reminder. Hope a few of the folks here will take the trouble to read the Constitution.
My reaction would be that he should be charged, tried before a jury then executed for his actions.
But I must ask what that has to do with the government holding a US citizen with out letting him know what charges he faces.
He would have set that bomb off.......does it matter what country he came from.......not to me.....he gets a free trip to Gitmo.
That line of thinking invites abuse. Hillary would love the be able to do that when she becomes president.
The Constitution isn't a suicide pact..
Are their any other portions of the USCON that you wish to ignore?
Apprehend him.
Charge him.
Convict him.
Execute him.
All while obeying the Bill of Rights.
We have the tools we need in place already, bud. Don't let's fix wot ain't broken.
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