Jose Padilla: No Charges and No Trial, Just Jail

[Freedom_from_Chains]

Why is no one in the Democratic Party, or anyone on the left for that matter, standing up for this guy. Liberals are running around all worried about social security, a vote recount that is never going to happen, and oh yeah, who was that guy that was going to be such a big deal, Gannon something or another.

When here we have a guy whose Constitutional rights have been violated at so many levels it is unfathomable, and the left seems to have lost their voice. How many more people has the Bush regime taken into custody, held indefinitely with no due process, that we have never heard of? This is real denial of due process we are looking at here, not the alleged lack of due process that was presented in the Terri Schiavo case.

When is the Democratic Party going to become a real resistance party to the takeover of our government?
August 21, 2003


Jose Padilla: No Charges and No Trial, Just Jail
by Robert A. Levy

Jose Padilla is the U.S. citizen who supposedly plotted to detonate a "dirty bomb." Since his capture -- not on the battlefields of Afghanistan or Iraq, but at Chicago's O'Hare Airport -- he has not been charged with any crime. Yet, for more than a year, Padilla has been held incommunicado in a South Carolina military brig.

(snip)

Consider this specious logic, endorsed by the Bush administration: Under the Sixth Amendment, the right to counsel does not apply until charges are filed. The government has not charged Padilla. Ordinarily, U.S. citizens cannot be detained without charge. But the administration has avoided that technicality by designating Padilla as an "enemy combatant," then proclaiming that the court may not second-guess his designation

(snip)

Essentially, on orders of the executive branch, anyone could wind up imprisoned by the military with no way to assert his innocence

(cont) Jose Padilla: No Charges and No Trial, Just Jail - Cato Institute

[wakeme2008]

1. Bad link try

http://www.cato.org/dailys/08-21-03.html

:)

[Freedom_from_Chains]

2. Thanks for letting me know, I fixed the link

[emanymton]

3. State Sponsored Terrorism Anyone?

The constitution of USA was shredded a long time ago.

[REACTIVATED IN CT]

4. Stay tuned..he is to be charged or released shortly

March 2, 2005
Attorney Scores Upset Victory in Major Terror Case
Featured Attorney: Jonathan M. Freiman


Jonathan Freiman of Wiggin and Dana’s national appellate practice group has scored a stunning upset victory this week in a case of nationwide significance. He represents Jose Padilla, an American citizen held in detention by the U.S. military for almost three years in a military brig, without being charged with a crime. The case asks whether the President has the unilateral power to detain indefinitely, without charge, an American citizen seized in a civilian setting in the United States. The decision, which came seven weeks after Freiman’s oral argument in South Carolina, was issued by Judge Henry Floyd, a recent appointee of President Bush.

Judge Floyd ruled that the President must release Padilla within forty-five days or charge him with a crime. Continuing to detain Padilla without charge "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."



http://www.wiggin.com/practices/areainfo.asp?groupid=5&areaID=231

[Freedom_from_Chains]

5. I am aware that a Federal Court has ordered him released

within 45 days of the ruling. However, I am also aware that the government has said they will appeal, and that currently the Supreme Court is refusing to rule on the Constitutionality of the laws Jose was arrested under.