Justice: Padilla Can't Challenge Detention

December 9, 2005, 9:06 PM EST

WASHINGTON -- U.S. citizen Jose Padilla's legal challenge to his three-year stay in a military jail without charges should be dismissed because he now stands accused of a crime, the Justice Department told a federal appeals court Friday.

The filing with the 4th Circuit U.S. Court of Appeals in Richmond, Va., is an attempt by the administration to avoid a Supreme Court showdown over its controversial policy of detaining U.S. terror suspects indefinitely and without charges.

The government refused to rule out that it could reclassify Padilla in the future as an "enemy combatant," which would again deprive him of most rights granted to criminal defendants.

"In that unlikely event, petitioner would have ample opportunity to challenge any such military custody at that time," the government said in legal papers signed by Solicitor General Paul Clement.

Padilla's lawyers declined to comment Friday, but they have said they want the Supreme Court to rule on the administration's power to detain him indefinitely and without charges, regardless of his current status.

http://www.newsday.com/news/politics/wire/sns-ap-enemy-combatant,0,3877478.story?coll=sns-ap-politics-headlines

give you faith in the justice system and the ability of the current administration to pirouette?

This is an absolute crock, and an egregious abuse.

I thought that America rebelled against England because of tyranny such as this..

After three years of bullshit PR, the Mofos at Justice finally filed completely different charges. Somebody needs to learn to read the Constitution.

they can do it to you and to me . . .

are you a member of a "left wing" organization (as defined by BushCo)? . . .

do you subscribe to left of center (i.e. traiterous) publications? . . .

have you ever signed a petition to save the Artic, to end torture, to reject a Supreme Court nominee, or to impeach Bush? . . .

we could be next . . .

or, if not next, whenever it suits their needs . . .

think that's ridiculous? . . . an impossibility? . . .

then you haven't been paying sufficient attention . . .

on edit: see the following thread and accompanying article . . .

Protest the War:FBI file you as" domestic terrorism and acts of terrorism"
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x1977435

ACLU: Protesters placed in terror files
http://www.gazette.com/display.php?id=1312739&secid=1

so first, the 'conservative leaning' court denies him his rights, and NOW is going to deny his right to challenge his detention? i'm wondering what the status of the supreme court case is in this, can the scotus simply go ahead anyways? this seems like a pretty important case, i'm not sure they'd want this question unanswered.

not missing blonds on Aruba, not snow storms, not any other made-up news story.

This is another step towards fascism, and in future years, Americans will genuinely be able to say that they "didn't know," because unless they are news/political junkies, they won't hear of stuff like this.

But they'll know every detail about the missing blond on Aruba and the marital woes of former Friends stars. :grr:

And this is the type of thing DUers should be discussing instead of flaming one another about hot button issues.

The U.S. government, in an unusual retreat, on Friday urged a federal appeals court to set aside its September ruling that allowed the United States to hold an American citizen as an enemy combatant without being charged.

In a filing to the U.S. Appeals Court in Richmond, the government said since Jose Padilla -- who was held by the U.S. military for over three years as an enemy combatant -- has been indicted by a civilian court in Florida, the case regarding his military custody was moot.

As a result, the government said the court should go ahead and set aside its September 9, 2005, ruling that allowed Padilla to be held without charge. That ruling had been seen as a significant victory for the administration's legal efforts in its war on terrorism.

The government was responding to an order by the appeals court to explain why it used different facts to justify Padilla's military detention from those included in last month's indictment that charged Padilla with conspiracy to murder and aiding terrorists abroad. It said the court should approve the request to transfer Padilla to civilian custody so he can face trial in Florida.



http://today.reuters.com/news/newsArticleSearch.aspx?storyID=233911

his Constitutional Rights. There is no excuse for taking a persons rights without due course. So many Constitutional rights denied in his case.Absolutely Criminal...

This is fascism. Now the government can detain people without needing a reason? It is a sad day in America