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Facing Defeat? (No 'Dirty Bomber' Case Against Padilla!!!)

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stickdog Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 06:13 PM
Original message
Facing Defeat? (No 'Dirty Bomber' Case Against Padilla!!!)
Edited on Fri Jun-11-04 06:22 PM by stickdog
So the "conspiracy theorists" were right again!

We can't always trust an infinitely powerful executive branch to only rescind the civil rights of "bad guys" who "don't deserve rights."

Surprise, surprise, surprise!

Thank God for what few checks and balances remain. One or two more Justices like Scalia, Rehnquist or Thomas, and we wouldn't have any of those, either.

http://msnbc.msn.com/id/5175105/site/newsweek/site/newsweek

June 9 - Justice Department lawyers, fearing a crushing defeat before the U.S. Supreme Court in the next few weeks, are scrambling to develop a conventional criminal case against “enemy combatant” Jose Padilla that would charge him with providing “material support” to Al Qaeda, NEWSWEEK has learned.

(snip)

Even more significant, administration officials now concede that the principal claim they have been making about Padilla ever since his detention—that he was dispatched to the United States for the specific purpose of setting off a radiological “dirty bomb”—has turned out to be wrong and most likely can never be used against him in court.

(snip)

The reassessments of Padilla come amid a growing sense of gloom within Justice that the Supreme Court is likely to rule decisively against the Bush administration not just in the Padilla case but in two other pivotal cases in the war on terror: one involving the detention of another “enemy combatant,” Yasir Hamden, and another involving the treatment of Al Qaeda and Taliban prisoners at Guantanamo Bay, Cuba. In the Padilla and Hambdi cases, the administration is arguing it has the right to hold the two U.S. citizens indefinitely without trial. In the Guantanamo case, the administration argues that foreign nationals being interrogated there do not have the right to challenge their detention in federal courts.

Lawyers within the Justice Department are now bracing for defeat in both the enemy-combatant and Guantanamo cases, both of which are expected to be decided before the Supreme Court ends its term at the end of the month, according to one conservative and politically well-connected lawyer. “They are 99 percent certain they are going to lose,” said the lawyer, who asked not to be identified. “It’s a very sobering realization.”



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LittleApple81 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 06:22 PM
Response to Original message
1. What about Cheney's terrorist attack on our constitution and rights as
Americans to know what HE DID DURING THE ENERGY MEETINGS AND WHOM HE DID IT WITH?????
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hang a left Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 06:25 PM
Response to Reply #1
3. That should be up at just about the same time. n/t
Could we have a 4-strike-out day?
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AndyTiedye Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 06:59 PM
Response to Reply #1
9. Do You Think they Made Tapes?
We know what Enron sounds like on tape :grr::grr::grr:
Imagine what Enron and Cheney must sound like together.:eyes:
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hang a left Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 06:24 PM
Response to Original message
2. For the sake of what is left of this country....
"according to one conservative and politically well-connected lawyer. "

....let him be right.
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upperleftedge Donating Member (93 posts) Send PM | Profile | Ignore Fri Jun-11-04 06:29 PM
Response to Original message
4. Very sobering indeed!
They have been drunk with power for three years. It is going to be a butt ugly hangover after the vomiting. Some people just shouldn't drink and some people should drink more. I wish Bush would just have a beer and get it over with.
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 06:32 PM
Response to Original message
5. Once again showing
That it's far easier to make allegations than it is to prove them.

The Justice Department just lost a trial in Idaho yesterday, too. Muslim exchange student they accused of running a terrorist web site and funneling donations to terrorists, and the government couldn't prove its case.

The reason they want to limit the rights of the accused is because they don't want to keep piling up embarrassing losses.
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Old and In the Way Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 06:44 PM
Response to Reply #5
7. Seems they've invented AQ boogeymen in Padilla and this exchange
student to avoid having to investigate the real sources and financiers of terror. They've managed to use these people for 3 years to deflect the attention away from the people we know have ties with radical fundementalism....the House of Saud. Once these cases are deposed, what will the WH point to in their "war on terror"?

Seems like they have made "0" progress on dealing with the real root causes of terror.
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Sporadicus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 06:32 PM
Response to Original message
6. Justice Dept. Shoots Self in Foot
In their zeal to tally-up a terrorism arrest and generate a test case for indefinite detention of US citizens (sans representation), the JD neglected to recall that thoughts are not crimes. If the JD were serious about terrorism, why did they nab Padilla the moment his plane touched down? They could have put him under surveillance and uncovered a terrorist cell (possibly some real crimes), but NO - it's more important to exercise the Patriot Act than to make any real progress uncovering terrorism.

What happens now? Will Padilla walk? If he does, who can AssKKKroft blame? If I didn't know better, I'd think the JD cares more about their image than protecting American citizens :eyes:
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Miss Authoritiva Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 08:11 PM
Response to Reply #6
11. Excellent point.
"They could have put him under surveillance and uncovered a terrorist cell (possibly some real crimes), but NO...."

I have a feeling that the law enforcement agents in Europe are a little more sophisticated about tracking and monitoring the more amorphous terror cells. In the US, our agents are used to fairly static organizations (like organized crime members who take out long-term leases on their "social clubs") and drug traffickers with fairly well established routes.

Maybe our law enforcement agents feel that they better snap suspects up fast before they lose them in the crowds. Doesn't exactly inspire confidence.
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burythehatchet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 06:48 PM
Response to Original message
8. if it wasn't so damn sad for the victims, i'd say
bwaaaaaahahahahahahahahahaha
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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 07:12 PM
Response to Original message
10. I wonder if he was tortured. eom
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RUMMYisFROSTED Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 08:46 PM
Response to Reply #10
12. What's 2 years in jail?
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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 09:00 PM
Response to Reply #12
13. I bet if we threw Ashcroft in jail for two years

and tortured him, we could get a dirty bomb confession from him.
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jpgray Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 09:13 PM
Response to Original message
14. If this is the standard of the DoJ's cases against these people
Edited on Fri Jun-11-04 09:14 PM by jpgray
How many are wrongfully imprisoned because there are no trials? The DoJ does not need to build a case if the prisoners are never allowed judicial review. Goes to show that those who trust the government to abuse power 'appropriately' are fools or monsters.
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jun-11-04 09:15 PM
Response to Original message
15. If they have to give him his day in court
Edited on Fri Jun-11-04 09:16 PM by Walt Starr
I wonder how much he'll say about the torture I'm certain he suffered.
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