Dirty-Bomb Suspect Can Meet With Lawyers

[labgrade]

Story here

"Dec 4, 10:35 AM EST

Dirty-Bomb Suspect Can Meet With Lawyers

NEW YORK (AP) -- A federal court has authority to decide whether Jose Padilla, a former Chicago gang member accused of plotting with terrorists to detonate a radioactive "dirty" bomb, was properly detained as an enemy combatant, a judge ruled Wednesday.

Padilla has been barred from meeting with lawyers since his arrest May 8. U.S. District Judge Michael Mukasey said Wednesday that Padilla may meet with them now.

The ruling was a blow to the government, which had argued that Padilla, a U.S. citizen, had no right to challenge its actions in court because he was detained as an "enemy combatant."

Padilla was arrested on a material witness warrant issued by a grand jury and secretly held in a federal jail. He has been in a Navy brig since he was declared an "enemy combatant" in June and transferred to the control of the U.S. military. The government says the "enemy combatant" declaration allows it to hold him without formal criminal charges.

The government said Padilla twice met with senior al-Qaida operatives in Pakistan in March and discussed a plot to detonate a radiological weapon in the United States.

A spokesman for U.S. Attorney James B. Comey had no immediate comment. Lawyers for Padilla did not immediately return a telephone message for comment."

 

[Tamara]

The government said Padilla twice met with senior al-Qaida operatives in Pakistan in March and discussed a plot to detonate a radiological weapon in the United States.

I wonder if they have enough evidence to make a Federal treason case stick? It'd be nice if they did...

 

[Don Gwinn]

Hmmm. . . . maybe just a turf battle in that judge's mind, but it looks like the system is beginning to work.

 

[Matthew Courtney]

That our government can hold anyone indefinately, without counsel or trial, is as abhorant as it gets. The guilty should pay, but not before their guilt has been proven.

 

[Tamara]

Matthew Courtney,

I agree. Padilla, a US citizen (albeit an alleged lowlife traitor) has a right to his day in court, a right to a lawyer, a right to a speedy trial, and a right not to be dancing on the end of a rope without due process of law.

 

[Preacherman]

The thing that scares me about this case is - what happens if the Government has got it wrong? I remember the recent case of the FBI allowing an innocent man to serve 30 years in jail rather than reveal his innocence, so as not to compromise their agents. I know of one guy currently 5 years into a very long sentence indeed, for a drug offence, whose case is shrouded in secrecy, and even those university groups that investigate wrongful conviction tell him that they can't get any information at all, and are running into a brick wall with the Federal agency concerned. I personally am not convinced of this man's guilt... As far as I'm concerned, any of us might end up in Padilla's situation, accused and silenced, if another anti-gun administration comes into power and tries to confiscate our weapons. We could be classified as "potential enemy combatants" because we insist on our right to keep our guns, thereby potentially making them available to enemies! Anyone care to bet that the liberal lunatics wouldn't try this tactic?

I'm all for allowing any US citizen or legal resident full access to the protection of the law. If there's a case against them, fine - make it in court, where a jury of the accused's peers can judge the evidence for themselves. If the evidence is too weak to support such a case - drop it and let the suspect go! Under our legal system, we're innocent until proven guilty, and I am very uncomfortable with treating Padilla - or anyone else - as if they were guilty until proven innocent.

 

[Malone LaVeigh]

To me, the main benefit of due process is not that the accused gets a fair trial, though that is extremely important. It is that a transparent process inspires confidence in the citizenry that the government is really interested in ascertaining guilt or innocence. That means I can trust the government to treat me fairly if I am ever accused of a crime. This administration has betrayed this very solemn trust. The damage they have done to the kind of trust necessary to make a democracy work is incalculable.

All we know about this case is that the government accuses Padilla of heinous acts against the US. We have John Ashcroft's word for it. And a bunch of government spooks, probably buddies of Daddy Bush.

We should be very afraid.

 

[Yakko77]

This is very scary indeed. The Bush Admin. seems intent on ignoring the 4th Amendment. We all scream bloody murder when the 1st and 2nd Amend. is being restricted but our anger and dissatisfaction should apply when ANY amendment is being violated. How many Americans are angered by this? Not enough.

When will politicians, both GOP and Dem. get it through their heads that the Constitution is a set of rules to be followed, PERIOD!!!!! It is not to be tossed aside when it is politically inconvenient to what you want to accomplished.

 

[Giant]

I see agreement from many of you that we, citizens of the U.S. are seeing our country turning into a police state at a rapid pace.

Not too many seem concerned though, a small percentage of those on TFL have responded with their concerns. So what is that for a population of nearly 275 million people? .000000000001%.

How can this be changed? Is it possible people will be jailed and kept at a secret location for months or years, because of acts such as speaking out about government abuse of ones civil rights? Can the situation be turned around and all set right by voting? The Patriot Act and Homeland Security are now settled law, the law of the land! They supersede The Constitution and Bill of Rights.

Vote if you want, but that alone will not change what is already in progress....

Giant

 

[labgrade]

My take on answering your questions, Giant, are - I dunno, yes, doubtful.

These new laws don't supercede the c & bor, but they act as they do. Hardly matters in application - only principle.

May 8 this guy was arrested - at least that's when we got to find out about it - 7 months & he finally gets to yak with a lawyer.

The guy might well be guilty as all get out, but a trial's usually the way we find these things out.

I've flown my flag high 'n proud daily years before 9/11. Then, the Patriot Act was signed into law. Hung it upside down one day afterwards & then gently put it away. It'll come out again - one day.

" ... with liberty & justice for all."

uh-huh ...

 

[Combat-Wombat]

Yes, this truly scares me to see a U.S. citizen almost have his right to an attorney completely infringed. I also think his arrest for terrorist plotting is a complete infringment of the first amendment! I guess it could be called treason, but if he only talked with the terrorists without giving them information about the U.S., He has no reason to be detained! Although he's still a filthy scum, if he's a U.S. citizen, he should have a U.S. citizen's rights!

 

[Giant]

Good on all of you, no doubt the man deserves a trial, a fair one at that! It is the american way to provide even the most heinous criminal with a prompt public trial -- If quilty to the gallows, if innocent to be sent on their way poorer and wiser.

These new laws are repugnent to any true american. People of honor, which americans have a history of being and truely are have no need to hold people in secret without access to legal counsel, without being indicted, or brought before a judge.

This is not the american way, far outside the bounds of The Constitution and Bill of Rights, principles upon which our country was founded. Why then must we have laws like the Patriot Act? The answer is raw power! raw power to control everything and everyone in america. Power over all by an elite group of people in government, power to set aside The Constitution, and make all laws to be whatever keeps them in control.

So if we like what is happening in america, say nothing and do nothing. In a few years what was will be forgotten, altered history. Say nothing because someone might hear and report your stated opinion to homeland security, do nothing because you might be accused and jailed in secret....

Giant

 

[Justin Moore]

When will politicians, both GOP and Dem. get it through their heads that the Constitution is a set of rules to be followed

When Hades reaches about -200 F

http://www.frontpagemag.com/articles/ReadArticle.asp?ID=133

According to Deputy Defense Secretary Paul Wolfowitz, Padilla had yet to form "an actual plan." The feds "stopped this man in the initial planning stages" a marked improvement over their inability to thwart Sept. 11 despite numerous promising leads, but a severe liability for any prosecutor charged with trying Taliban Jose in a court of law.

He may very well be guilty, but I'm glad to see they are going to give him his rights under the 4th Amendment.

In regards to the PATRIOT Act. Assuming that he was still alive at the time of its passage, I bet Bin Laden was laughing his ass off.