White House Must Charge or Free Suspect:Jose Padilla

[cal04]

A federal judge ordered the Bush administration Monday to either charge terrorism suspect Jose Padilla with a crime or release him after more than 2 1/2 years in custody.

U.S. District Judge Henry Floyd in Spartanburg, S.C., said the government can not hold Padilla indefinitely as an "enemy combatant," a designation President Bush gave him in 2002.

"The court finds that the president has no power, neither express nor implied, neither constitutional nor statutory, to hold petitioner as an enemy combatant," Floyd wrote in a 23-page opinion that was a stern rebuke to the government. He gave the administration 45 days to take action.

"We think that this is a wonderful decision," said Padilla's attorney, Andy Patel, as Padilla waited on another line. "It is one of those moments that all Americans should be proud of." The Justice Department did not immediately comment on the ruling.

http://www.herald-sun.com/firstnews/37-581612.html
http://www.cbsnews.com/stories/2005/02/28/terror/main677099.shtml

[merwin]

1. Chalk one up for the good guys

[Demeter]

2. Another Victory in the Culture War

with the good doctor Dean to lead us, we shall save the Republic from the Republicans!

[Ironpost]

17. indeed n/t

[Inland]

3. Too bad Putin didn't shove the Padilla case up Bush's hypocritical ass.

[The_Casual_Observer]

4. Either Padilla did something or he didn't. Holding a guy for two

years on suspicion makes the US no better than the Soviet gulags. when it comes down to it, it's clear that chimp has no plan or clue what to do.

[Maat]

5. Ya-hoo!

This law student was kind of wondering how long the suspension of our very Constitution and its related interpretational case law was going to be tolerated!

[understandinglife]

6. Yahoo link:

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20050228/ap_on_go_ca_st_pe/enemy_combatant

DU it.


"DO YOU ENJOY BEING A CITIZEN OF THE ROGUE SUPER_POWER?"

[karlrschneider]

20. Yahoo version needs some rating help, being freeped down to 1.85

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20050301/ap_on_go_ca_st_pe/enemy_combatant

[NNN0LHI]

7. I hope he sues the piss out of this administration n/t

[Extend a Hand]

8. wa-hoo

This makes me proud to be a card-carrying member of the the ACLU. :)

[Warren Stupidity]

9. 45 days?

They have had 2.5 years. The judge should have given them 24 hours, no more no less.

[Inland]

19. Oh, he'll stay jailed during the appeals, too.

Another two years.

[Dookus]

10. Heheh

this Judge was a Bush appointee, recommended by Lindsey Graham.

[Pachamama]

15. Wow? An Activist Judge, eh? Appointed by a Bush no less....n/t

[Yo_Mama_Been_Loggin]

38. The judge

He actually said to support the president's position of being able to hold someone without charges would be a form of judicial activism. There's no precident for such.

[cal04]

16. From the ACLU site/Bush-Appointed Judge

Bush-Appointed Judge Say U.S. Citizen Cannot Be Held as "Enemy Combatant," ACLU Welcomes Decision in Padilla Case



A federal judge today ruled that President Bush does not have the power to hold an American citizen as an enemy combatant. The decision by U.S. District Judge Henry F. Floyd, who was appointed to the federal bench by President Bush in 2003, came in the case of Jose Padilla, a U.S. citizen being held in a naval brig in Charleston, S.C.

"Today's decision by one of President Bush's own appointees to the bench represents yet another blow to the Administration's misguided belief that it does not have to follow our constitutional traditions in pursuing terrorists,'' said Anthony D. Romero, ACLU Executive Director. "As Judge Floyd recognized in his opinion, President Bush's actions in the Padilla case flout the checks and balances that ensure our democracy and liberty." In his decision, Judge Floyd ordered Padilla to be released within 45 days.

http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=17580&c=206

[Pachamama]

39. Wow! I thought it was a Judge appointed by Poppy, not * himself in 03!

That is even better news! When conservative appointed Judges are unwilling to trample on the Constitution for the Boy King...

[bpilgrim]

11. will the SCOTUS back him up?

our judges are our last institutional defense against these war criminals.

peace

[ChickPharmacy]

12. Let me guess... they'll

charge him!

[Old and In the Way]

18. Charge him with what?

Seems that's the problem. They can't find anything to charge him with.
I think he was taking bomb making books out of a public library or accessing plans on the internet? Or so the government said. But that, in and of itself is no crime.

I guess they rather let the guy rot in jail than suffer the embarassment of releasing him without charge. If they do releasing him, I hope he has grounds to file a civil suit. I want the government to pay dearly for wasting 2-1/2 years of this man's life, especially if he is totally innocent of any wrongdoing. There buy by the grace of God go you or I.

[PurityOfEssence]

13. They've had other rulings thrown at them and somehow it means nothing

He's been in custody for close to three years now, and the puffed-up tough-guys like Rumsfeld are pleased to announce that they've pronounced that they don't ever have to do ANYTHING. He's in the Navy dungeon, and since we know he's guilty, we can have a little bit of Gitmo right here in South Carolina.

The rea problem with all this (besides unconstitutionality and moral ugliness) is that it's premised upon the accusers being correct. Since these four-flushing morons haven't been right about anything, that's a ridiculous premise.

Anyone who says "trust me" should be immediately removed from any position of authority.

[Zynx]

23. This was the one they kicked back down to refile in S.C.

The judiciary is beating Bush, but like all things judicial, it is slow.

[Yo_Mama_Been_Loggin]

14. But I'm the president. I can do whatever the f___ I like - G DUHbya

[Disturbed]

21. NO charges.

That's the part that infuriates me. It goes beyond logic and the U.S. Constitution.

[Career Prole]

22. Rate the story up! It's on Yahoonews now

and the freepers have it below 2 with 172 votes.
Go throw it a 5 at:
http://story.news.yahoo.com/news?tmpl=story&u=/ap/20050301/ap_on_go_ca_st_pe/enemy_combatant

[Sinistrous]

24. U.S. Court Orders 'Enemy Combatant' Freed

Link to Reuters

U.S. Court Orders 'Enemy Combatant' Freed
Mon Feb 28, 2005 08:04 PM ET

MIAMI (Reuters) - A U.S. federal judge ruled on Monday that President Bush has no authority to order an American citizen jailed indefinitely as an enemy combatant, and ordered terrorism suspect Jose Padilla be released within 45 days.

<snip>

Bush had designated Padilla an "enemy combatant" but U.S. District Judge Henry Floyd ruled that the president had no authority to hold Padilla or to suspend his right to due legal process.

"The court finds that the president has no power, neither express nor implied, neither constitutional nor statutory, to hold Petitioner as an enemy combatant," Floyd ruled in Spartanburg, South Carolina.

<snip>

"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," said Floyd, who was appointed to the federal bench by Bush in 2003.

<more>

Interesting note: Judge Floyd was appointed by bush in 2003.

[JohnLocke]

25. Judge Floyd for Supreme Court!

:)

[True_Blue]

26. Yahoo: Padilla Decision Sends Clear Message.....

Amnesty International USA: Padilla Decision Sends Clear Message that Bush Administration is Not Beyond the Law

WASHINGTON, Feb. 28 /U.S. Newswire/ -- Jumana Musa, advocacy director for Domestic Human Rights and International Justice, released the following statement regarding the U.S. Federal Court decision requiring that Jose Padilla be charged or released in 45 days:

"This decision is a victory for basic freedoms and the rule of law. It confirms well-established principles under U.S. and international law that prohibit the arbitrary detention of anyone without charge or trial. This is another rejection of the premise pushed by the Bush administration claiming absolute power of the executive. Judge Floyd has now joined the chorus of voices repudiating the policy of indefinite detention at the sole, unreviewable discretion of the president, sending the message that this administration is not beyond the law."
http://story.news.yahoo.com/news?tmpl=story&cid=669&ncid=669&e=2&u=/usnw/20050301/pl_usnw/amnesty_international_usa__padilla_decision_sends_clear_message_that_bush_administration_is_not_beyond_the_law157_xml

[Sandpiper]

27. This shows why it's important to keep Bush from packing the courts

Full of his political cronies as judges.

If he succeeds in turning the judiciary into a rubber stamp for his agenda, then he really will be above the law.

[derby378]

28. Next move: Bush tells judge, "Make me release him"

At least that's what ginbarn's predicting - * may try to pull an Andrew Jackson.

[Freedom_from_Chains]

31. Well the last statement does say

"The government is expected to appeal the decision."

But maybe at least one judge is sticking up for the Constitution or, as another poster pointed out, we could be seeing more Patriot laws coming our way.

[Davis_X_Machina]

29. The Fourth Circuit...

...stocked to the gills with Federalist Society loyalists and neo-Confederates, will reliably reverse, and the Supreme Court will refuse to hear the case.

Mr. Padilla will never see the light of day.

[Nevilledog]

30. I think we're missing the point here....

This stinks of a set up to enable Congress to enact wider Patriot Act measures. Judge just gave them the excuse.

[LizW]

32. But if they can do this to Padilla

and no judge tells them they can't, then they don't even NEED the next Patriot Act. They can do it to you or me today.

[indepat]

33. This President can do what he likes, whatever he wants, for the Congress,

the Supreme Court, and the Fourth Estate have all, in effect ratified that this President does not need the power, neither express nor implied, neither constitutional nor statutory authority to do anything he wants, so get over it.

[420inTN]

34. Kick n/t

:kick:

[Az_lefty]

35. If Clinton could be sued, so can Bush

The court finds that the president has no power, neither express nor implied, neither constitutional nor statutory, to hold Petitioner as an enemy combatant..

Or maybe this is more like "Abuse of Power"? Impeachment!

[JTorres138]

36. Is this Bush's own fault?

I was on a conservative board and noticed this story on it, with the thread titled "LEFTY COURTY SIDES WITH TERRORIST" - LOL.

Funny thing:

The name of the judge is Henry Floyd who serves in the SOUTH CAROLINA (RED STATE) federal district court and was UNANIMOUSLY CONFIRMED by the SENATE-- oh yeah, one more thing, he was NOMINATED by PRESIDENT BUSH.

[Supersedeas]

37. What does Albert Gonzo do when faced with a Court Order based on Const.

rights?

His Dept. makes a frivolous appeal...based on newly developed "Presidential powers"...surprised?