The Constitution Strikes Back

The Courts have just ruled
that the Administration must release Jose Padilla within 30 days. In
case you've forgotten, Padilla is the US citizen who has been held
incommunicado for the past 18 months as an "enemy combatant" for his
alleged role in a dirty bomb plot:

The president of the United States does not have the power
to detain an American citizen seized on U.S. soil as an enemy
combatant, a federal appeals court ruled on Thursday, in a serious
setback to the bush administration's war on terror.
The U.S. Second Circuit Court of Appeals, in a 2-1 ruling, said only
the U.S. Congress can authorize such detentions and it ordered the
government to release Jose Padilla from military custody within 30
days. The court said that the government can transfer Padilla, a U.S.
citizen who has been held incommunicado in a Navy prison, to a civilian
authority that can bring criminal charges against him. "Presidential
authority does not exist in a vacuum and this case involves not whether
those responsibilities should be aggressively pursued, but whether the
President is obligated in the circumstances presented here to share
them with Congress," the court said. "Where, as here, the President's
power as Commander-in-Chief of the armed forces and the domestic rule
of law intersect, we conclude that clear congressional authorization is required for detentions of Americans on American soil...."

Odds are Padilla doesn't even know about this ruling. He has had
neither legal counsel nor contact with family for over a year and a
half. He's going to give one motherfucker of an interview when he's
freed. Assuming, of course, that the Bush Administration doesn't try to
shred the constitution any further. If prior experience is any
indication, Rove & company will do everything in their power to
keep this guy locked up indefinitely, but it looks like the wheels have
started turning.
I'm not saying this guy is innocent. I have no idea. What I do know is
that if anyone (much less an American citizen) is accused of a crime they have the right to a trial.

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 defence.

Here is a link to the opinions.

Posted by flow Frazao on December 18, 2003 at 12:34 PM | Permalink