Why does the Constitution hate America? __________________ Court: President cannot detain U.S. citizen as enemy combatant NEW YORK (CNN) --In a setback to the Bush administration's anti-terrorism policies, a federal appeals court ruled Thursday that the president does not have the power to detain an American citizen seized on U.S. soil as an enemy combatant. In a 65-page decision, a three-judge panel of the 2nd U.S. Circuit Court of Appeals voted 2-1 that the U.S. government must release Jose Padilla from military custody within 30 days. "The government can transfer Padilla to appropriate civilian authorities who can bring criminal charges against him," the order said. Padilla has been held in a South Carolina naval brig for the past year and a half. "It's reassuring that constitutional protections that we are all entitled to as citizens were confirmed. And we look forward to meeting our client," said attorney Donna Newman. The U.S. government could ask for a stay of the order or ask the full panel of the appeals court to hear the case. In November, the appeals court panel cast doubt Monday on whether the Bush administration had the authority to designate Padilla an "enemy combatant" and detain him indefinitely without criminal charges. (Full story) In a legal showdown likely to go to the Supreme Court, the government maintained that Bush's military moves in the war on terrorism were not subject to judicial review. Padilla, 33, accused of being an al Qaeda operative, has been in federal custody since he arrived in Chicago, Illinois, in May 2002 on a flight from Pakistan. He was initially arrested as a material witness for the grand jury probe into the September 11, 2001, terrorist attacks. The government maintains Padilla received explosives training in al Qaeda camps inside Afghanistan and plotted with the group to bomb hotels and gas stations, and to detonate a radioactive "dirty bomb" -- a conventional explosive laced with radioactive material -- inside the United States. Defense attorneys maintain Padilla traveled to Chicago to visit his son. The government never levied criminal charges against Padilla before President Bush declared in June 2002 that he represented a "grave danger to the national security" of the nation, reclassifying him as an enemy combatant, and transferring him to military custody, where he has remained incommunicado.
The Constitution does not necessarily hate American, rim. It is not really a traitor. But it is certainly acting in an immoral and unpatriotic manner.
The Constitution hates America because it resists the Bush Administration's attempts to use it as a combination snotrag/toilet paper.
A year and a half in custidy with no charges. Can't really defend that even in the 'new reality' that is the Excited States.
The Constitution's poll ratings are plummeting as we speak; It is a document in disarray, blindly grasping at straws. LIFE SUPPORT
As a patriot who loves the constitution, this is a great ruling. Thanks for the humorous comments in this thread everyone.
Everybody deserves a fair trial and due process, especially Americans on American soil. This is fantastic news.
Ashcroft should be fired over this one. He should aplogize to all of us as American citizens. Why do these guys keep pushing to take away our rights? It is good to see that Bush and Ashcroft can't take away our rights so easily.
Ya that "Due process" and "innocent until proven guilty" stuff really gets in the way of Bush protecting us.
This Constitution thing can be changed on a whim this fight isn't over - founding fathers ha, from an expert source: Boy: Whew! You sure gotta climb a lot of steps to get to this Capitol Building here in Washington. But I wonder who that sad little scrap of paper is? I'm just a bill. Yes, I'm only a bill. And I'm sitting here on Capitol Hill. Well, it's a long, long journey To the capital city. It's a long, long wait While I'm sitting in committee, But I know I'll be a law some day At least I hope and pray that I will But today I am still just a bill. Boy: Gee, Bill, you certainly have a lot of patience and courage. Bill: Well, I got this far. When I started I wasn't even a bill, I was just an idea. Some folks back home decided they wanted a law passed, so they called their local Congressman, and said, "You're right, there oughta be a law." Then he sat down and wrote me out and introduced me to Congress. And I became a bill, and I'll remain a bill until they decide to make me a law. I'm just a bill Yes I'm only a bill, And I got as far as Capitol Hill. Well, now I'm stuck in committee And I'll sit here and wait While a few key Congressmen discuss and debate Whether they should let me be a law. How I hope and pray that they will, But today I am still just a bill. Boy: Listen to those Congressmen arguing! Is all that discussion and debate about you? Bill: Yeah, I'm one of the lucky ones. Most bills never even get this far. I hope they decide to report on me favorably, otherwise I may die. Boy: Die? Bill: Yeah, die in committee. Ooh, but it looks like I'm gonna live! Now I go to the House of Representatives, and they vote on me. Boy: If they vote yes, what happens? Bill: Then I go to the Senate and the whole thing starts all over again. Boy: Oh no! Bill: Oh yes! I'm just a bill Yes, I'm only a bill And if they vote for me on Capitol Hill Well, then I'm off to the White House Where I'll wait in a line With a lot of other bills For the president to sign And if he signs me, then I'll be a law. How I hope and pray that he will, But today I am still just a bill. Boy: You mean even if the Whole Congress says you should be a law, the president can still say no? Bill: Yes, that's called a veto. If the president vetoes me, I have to go back to Congress and they vote on me again, and by that time you're so old... Boy: By that time it's very unlikely that you'll become a law. It's not easy to become a law, is it? Bill: No! But how I hope and pray that I will, But today I am still just a bill. Congressman: He signed you, Bill! Now you're a law! Bill: Oh yes!!!
In a 65-page decision, a three-judge panel of the 2nd U.S. Circuit Court of Appeals voted 2-1 that the U.S. government must release Jose Padilla from military custody within 30 days. WTF? Isn't this like piling on or something? The court says it was unjust for Padilla to be held for a year and a half, but has no problem keeping him another 30 days. Mark my words. This will be the last US citizen "enemy combatant" who is detained on US soil. From now on, they will be smuggled in the middle of the night to Guantanamo. Problem solved!!! It is a brave new Bush-ian world.
As someone that voted for Bush and has not had issues with some of his decisions, I can still say that this is definitely a good thing. Power like that corrupts, even with the best intentions. Good thing Diebold doesn't tally the decisions of the court.
I can't help having a chill going down my spine everytime I hear this story ! And we talk about human right violations in other part of the world !!!!
I think what it does is give the gov't time to prepare a regular criminal indictment or else they'd have to put him out on the street and maybe never see him again.
