Padilla case heads back to the Supreme Court - Mercedes-Benz Forum

Reply
 
LinkBack Thread Tools Display Modes
post #1 of 35 (permalink) Old 12-22-2005, 11:50 AM Thread Starter
BenzWorld Elite
 
FeelTheLove's Avatar
 
Date registered: Sep 2004
Vehicle: 83 Astral Silver 280 SL
Location: Planet Houston
Posts: 28,829
Mentioned: 0 Post(s)
Quoted: 8 Post(s)
(Thread Starter)
Padilla case heads back to the Supreme Court

In another case, where the Bush/Cheney Mob assert they have the right to arrest US citizens on US soil and hold them without charges and without trial, in blatant disregard of the Bill of Rights:

A conservative court tells Bush: Enough
-- Tim Grieve
salon.com


When federal government agents arrested Jose Padilla at Chicago's O'Hare Airport in May 2002, then Attorney General John Ashcroft claimed that the government had just broken up a scheme to explode a "dirty bomb" inside the United States. But when it came time for the government to charge Padilla with that crime, George W. Bush deemed Padilla an "enemy combatant," and the government yanked him out of the criminal justice system and put him into the custody of the U.S. military.

That's where he has been for the past three and a half years, and the Bush administration has argued repeatedly that that's where he must stay. But with Padilla's case headed back to a clearly skeptical U.S. Supreme Court, the Bush administration decided last month to switch gears once again. It charged Padilla in an existing criminal case in Florida -- one that has nothing to do with any alleged dirty bomb -- and said it would be transferring him back to the criminal justice system for trial.

That was the plan, at least. But on Wednesday, the U.S. Court of Appeals for the 4th Circuit -- the conservative, administration-friendly court that is Bush's venue of choice for terrorism cases -- issued a ruling in which it refused to let the Bush administration transfer Padilla out of military custody. The upshot of the court's opinion: The shell game has gone on long enough, and the courts aren't interested in being jerked around anymore.

Writing for the court, Judge J. Michael Luttig -- frequently mentioned as a potential Bush Supreme Court nominee -- described the Bush administration's judicial gamesmanship in unusually stark terms: "The government has held Padilla militarily for three and a half years, steadfastly maintaining that it was imperative in the interest of national security that he be so held. However, a short time after our decision issued on the government's representation that Padilla's military custody was indeed necessary in the interest of national security, the government determined that it was no longer necessary that Padilla be held militarily. Instead, it announced, Padilla would be transferred to the custody of federal civilian law enforcement authorities and criminally prosecuted in Florida for alleged offenses considerably different from, and less serious than, those acts for which the government had militarily detained Padilla."

Luttig complained that the government's request to transfer Padilla back to the criminal justice system "included no reference to, or explanation of, the difference in the facts asserted to justify Padilla's military detention and those for which Padilla was indicted." Luttig also noted that the government styled its request an "emergency application," despite the fact that Padilla had been in custody for almost four years and the only "emergency" facing the government seemed to be the upcoming Supreme Court proceedings in Padilla's case.

Allowing the administration to continue its game by transferring Padilla out of military custody, Luttig wrote, would leave, "in the absence of explanation, at least an appearance that the government may be attempting to avoid consideration of our decision by the Supreme Court."

In closing, Luttig delivered a final blow: The Bush administration's actions in the Padilla case, he said, may undermine the government's credibility with the courts and hurt the war on terror as well.

The Bush administration's actions "have left not only the impression that Padilla may have been held for these years, even if justifiably, by mistake -- an impression we would have thought the government could ill afford to leave extant," Luttig wrote. "They have left the impression that the government may even have come to the belief that the principle in reliance upon which it has detained Padilla for this time, that the president possesses the authority to detain enemy combatants who enter into this country for the purpose of attacking America and its citizens from within, can, in the end, yield to expediency with little or no cost to its conduct of the war against terror -- an impression we would have thought the government likewise could ill afford to leave extant. And these impressions have been left, we fear, at what may ultimately prove to be substantial cost to the government's credibility before the courts, to whom it will one day need to argue again in support of a principle of assertedly like importance and necessity to the one that it seems to abandon today. While there could be an objective that could command such a price as all of this, it is difficult to imagine what that objective would be."




Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.

-President Barack Obama, 1st Inaugural address
FeelTheLove is offline  
Sponsored Links
Advertisement
 
post #2 of 35 (permalink) Old 12-22-2005, 12:02 PM
BenzWorld Elite
 
mzsmbs's Avatar
 
Date registered: Sep 2004
Vehicle: 1972 Mercedes 250 (/8) W114/M130
Location: on a high bank of a creek
Posts: 7,296
Mentioned: 0 Post(s)
Quoted: 1 Post(s)
RE: Padilla case heads back to the Supreme Court

in a way that's good. i was kind of feeling like shrub was trying to avoid the supremes.. maybe not this time, eh?



in political asylum
mzsmbs is offline  
post #3 of 35 (permalink) Old 12-22-2005, 12:05 PM
Administratoris Emeritus
 
GeeS's Avatar
 
Date registered: Aug 2002
Vehicle: 2021 SL770
Location: Fountain Hills, AZ
Posts: 44,915
Mentioned: 2 Post(s)
Quoted: 591 Post(s)
RE: Padilla case heads back to the Supreme Court

Is it good? Does it matter? Are they going to haul GW and Ashcroft off in chains when the truth comes out? Or will they just keep sliding this kinda crap under the rug as usual?

"If spending money you don't have is the height of stupidity, borrowing money to give it away is the height of insanity." -- anon
GeeS is offline  
post #4 of 35 (permalink) Old 12-22-2005, 12:16 PM Thread Starter
BenzWorld Elite
 
FeelTheLove's Avatar
 
Date registered: Sep 2004
Vehicle: 83 Astral Silver 280 SL
Location: Planet Houston
Posts: 28,829
Mentioned: 0 Post(s)
Quoted: 8 Post(s)
(Thread Starter)
GET A PAIR

The most surprising thing about this story is that this court, which is usually a bunch of bootlicks, turned on Bush. Is this an indication that this country has HAD ENOUGH?

Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.

-President Barack Obama, 1st Inaugural address
FeelTheLove is offline  
post #5 of 35 (permalink) Old 12-22-2005, 12:28 PM
BenzWorld Elite
 
mzsmbs's Avatar
 
Date registered: Sep 2004
Vehicle: 1972 Mercedes 250 (/8) W114/M130
Location: on a high bank of a creek
Posts: 7,296
Mentioned: 0 Post(s)
Quoted: 1 Post(s)
RE: Padilla case heads back to the Supreme Court

i am hoping that the answer is yes KV. the other "buddy" of his, turned on the ID idiots too.. things are definitely looking up. [8D]



in political asylum
mzsmbs is offline  
post #6 of 35 (permalink) Old 12-22-2005, 12:33 PM Thread Starter
BenzWorld Elite
 
FeelTheLove's Avatar
 
Date registered: Sep 2004
Vehicle: 83 Astral Silver 280 SL
Location: Planet Houston
Posts: 28,829
Mentioned: 0 Post(s)
Quoted: 8 Post(s)
(Thread Starter)
RE: Padilla case heads back to the Supreme Court

Salon is reporting that Abramnoff, the million-dollar GOP bag man, has copped a plea. He knows where all the bodies are buried. If this is true, it could blow the lid off of everything - Abramnoff's job is to line up the corporate patsies for Tom Delay. The GOP has essentially become a huge money laundering organization - it has little popular financial support and keeps things humming by funnelling millions of illegal corporate contributions into the political system. It is at the heart of how we have lost democracy in this country to the multi-national corporations, who have created a massive propaganda machine coupled with bribed politicians to deny this country government by the people. Stay tuned, 2006 is going to be a hell of a year.

Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.

-President Barack Obama, 1st Inaugural address
FeelTheLove is offline  
post #7 of 35 (permalink) Old 12-22-2005, 12:37 PM
BenzWorld Member
 
Date registered: Sep 2005
Location: Atlanta
Posts: 308
Mentioned: 0 Post(s)
Quoted: 0 Post(s)
Send a message via AIM to Ammonium
RE: Padilla case heads back to the Supreme Court

And someone on here was trying to tell me that a US citizen couldn't be arrested and help without charges for as long as the government wanted...dumb ass.
Ammonium is offline  
post #8 of 35 (permalink) Old 12-22-2005, 12:42 PM
BenzWorld Elite
 
Date registered: Sep 2004
Vehicle: 95 E300
Location: Inside my head
Posts: 36,850
Mentioned: 0 Post(s)
Quoted: 392 Post(s)
RE: Padilla case heads back to the Supreme Court

Quote:
Ammonium - 12/22/2005 2:37 PM

And someone on here was trying to tell me that a US citizen couldn't be arrested and help without charges for as long as the government wanted...dumb ass.
Apparently he cannot be held indeterminately--that is precisely what the court has been adjudicating between the Executive and the accused. This is good news for civil liberty and the rule of law.
Botnst is offline  
post #9 of 35 (permalink) Old 12-22-2005, 12:46 PM Thread Starter
BenzWorld Elite
 
FeelTheLove's Avatar
 
Date registered: Sep 2004
Vehicle: 83 Astral Silver 280 SL
Location: Planet Houston
Posts: 28,829
Mentioned: 0 Post(s)
Quoted: 8 Post(s)
(Thread Starter)
RE: Padilla case heads back to the Supreme Court

You miss the point - Bush and Co were attempting to engineer things so that whether they could do so was still an open point of contention in the law. Now it must be decided. In some parallel universe somewhere where something called "justice" and "patriotism" were openly practiced in the GOP-dominated Congress, thise entire episode would have been settled by the process known as "impeachment". This disgustingly obvious violation of the Bill of Rights by your Nazi pals has always been clear grounds for impeachment. Of course, in this same parallel universe "libertarians" are actively clamoring for it, instead of goosestepping behind him.

Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with sturdy alliances and enduring convictions. They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use; our security emanates from the justness of our cause, the force of our example, the tempering qualities of humility and restraint.

-President Barack Obama, 1st Inaugural address
FeelTheLove is offline  
post #10 of 35 (permalink) Old 12-22-2005, 12:58 PM
Administratoris Emeritus
 
GeeS's Avatar
 
Date registered: Aug 2002
Vehicle: 2021 SL770
Location: Fountain Hills, AZ
Posts: 44,915
Mentioned: 2 Post(s)
Quoted: 591 Post(s)
RE: Padilla case heads back to the Supreme Court

Quote:
kvining - 12/22/2005 12:46 PM

You miss the point - Bush and Co were attempting to engineer things so that whether they could do so was still an open point of contention in the law. Now it must be decided. In some parallel universe somewhere where something called "justice" and "patriotism" were openly practiced in the GOP-dominated Congress, thise entire episode would have been settled by the process known as "impeachment". This disgustingly obvious violation of the Bill of Rights by your Nazi pals has always been clear grounds for impeachment. Of course, in this same parallel universe "libertarians" are actively clamoring for it, instead of goosestepping behind him.
Think hard now -- the administration's tactics in regard to Padilla sound familiar, don't they? (Hint: one word -- four letters, one of which is "Q")

"If spending money you don't have is the height of stupidity, borrowing money to give it away is the height of insanity." -- anon
GeeS is offline  
Sponsored Links
Advertisement
 
Reply

  Mercedes-Benz Forum > General Mercedes-Benz Forums > Off-Topic

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the Mercedes-Benz Forum forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in











  • Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
     
    Thread Tools
    Show Printable Version Show Printable Version
    Email this Page Email this Page
    Display Modes
    Linear Mode Linear Mode



    Posting Rules  
    You may post new threads
    You may post replies
    You may not post attachments
    You may not edit your posts

    BB code is On
    Smilies are On
    [IMG] code is On
    HTML code is Off
    Trackbacks are On
    Pingbacks are On
    Refbacks are On

     

    Title goes here

    close
    video goes here
    description goes here. Read Full Story
    For the best viewing experience please update your browser to Google Chrome