Quote:
Originally posted by KC@Nov 30 2003, 05:11 PM
At issue is the government's power to designate and detain "enemy combatants," in particular in the case of "dirty bomb" plot suspect Jose Padilla, the New York-born former gang member who was picked up at a Chicago airport 18 months ago by the FBI and locked in a military brig without access to a lawyer. Civil liberties groups and others contend that Padilla -- as an American citizen arrested in the United States -- is being denied due process of law under the Constitution.
---------------------------------------------
It turns my stomach that the American people allow this administration to wipe their asses with the Bill of Rights. Even the most heinous criminals have rights when they are US Citizens in the US!!!!
I've already written my Senators and Congressman. I wish other Americans speak up too.
What do you think? Is the nature of the crime relevant? Can Ashcroft pick and choose who has rights and who doesn't?
|
Hmmm... Been taking a few minutes to reacquaint myself with this case...
It seems to me KC, that you may have left out some pertinent facts....
The first and most important being that a judge has already decided that he should be able to consult a lawyer.
The feds are appealing that decision.
So, this is not a case of the guy just being held and nobody hearing a wrd from him.
He was arrested, then turned over to military control back in May 2002. By December there had been the first court decision on his petition to be able to see legal consel.
One important not in this is that he was not arrested as a criminal, but rather as a material witness. Therefore, at the time of arrest he did not have the rights of someone being charged with a crime. He wasn't being charged, he was being held as a material witness. Two totally different scenarios.
anyway, onward and upward... Between December 2002 and November of this year, there have been at least 3 different court decisions issued. Each of them affirming his right to legal counsel. The Feds have appealed each of these decisions in turn.
The Feds (and states) have as much right to use the appellate process to their advantage as the Padilla does.
In all probability, he will receive his right to counsel eventually after the Feds have worn out their appeals.
But, he is not necessarilly being denied his constitutional rights.. He is involved in the constitutional process at this point.
http://www.chargepadilla.org/news.html
Last edited by sarettah at Dec 1 2003, 03:21 PM