U.S. defends holding 'enemy combatant' (Padilla)

http://www.cnn.com/2004/LAW/03/18/padilla/

(CNN) -- Citing a World War II court decision, the Bush administration insisted the president has the legal authority to detain suspected terrorists, including Americans, indefinitely without criminal charges.

In its Supreme Court brief in the Jose Padilla case, the administration argued Wednesday that the president's Constitutional powers and the post 9/11 congressional authorization to use military force permit Padilla's ongoing detention.

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An "enemy combatant" since June 2002, Padilla has been held mostly incommunicado for the past 21 months in a U.S. Navy brig in Charleston, South Carolina, and has been interrogated without counsel. He met with an attorney for the first time two weeks ago.

"The authority of the Commander-in-Chief to engage and defeat the enemy encompasses the capture and detention of enemy combatants wherever found, including within the nation's borders. That is particularly true in the current conflict in view of the nature of the September 11 attacks, which were perpetrated by combatants who had assimilated into the civilian population and launched their attacks from within the United States," wrote Solicitor General Theodore Olson.

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I wish this article addressed the other side of the legal argument instead of catering to this crap.

This is not the case now and the same rules do not apply. The Scalia court doesn't care one wit about Constitutional rights though so I'm sure they will prevail. America is now Amerika.

...the Constitution doesn't go away nor does the right to speedy trial, due process of law, the right to counsel, equal protection before the law, the right to confront the accusers and evidence against you, the right to jury trial, and the right to appeal any adverse judgement.

At this point, Padilla is legally entitled to his freedom based upon the gross transgressions of law by this our fascist regime.