Second Circuit rules Jose Padilla can’t be held as an enemy combatant:
Good news, I just hope this will get the ball rolling on the Guantanamo situation too.
Not likely.
Padilla is an American citizen, arrested on American soil. It’s almost a no-brainer to say that he should be tried under due process which is the right of every US citizen.
Making a similar case for the Guantanamo detainees is much more difficult.
Oh, certainly, but it is at the very least a decision that goes against the US governments actions post-WTC, which is an improvement. Not a huge one, but still.
http://philcarter.blogspot.com/ has good info re: combatants at Gitmo and the legal angle on a lot of the stuff thats happened post 9/11.
I haven’t seen the text of the decision yet, but it looks like the court held that Congress didn’t authorize the president to hold U.S. citizens detained on U.S. soil as enemy combatants. That means they based their decision on statutory, not constitutional grounds. So I would say that the rights of the Gitmo prisoners aren’t affected at all by this ruling.
No brainer or not, the administration fought it tooth and nail. Good to see it’s gone.
Edit: Justice department trying for a stay. Jesus fucking christ on a pogo stick, what is wrong with these people?
Yep, I think Mossaui (?sp) is going to be able to stay in the pokey since he is a French Nationalist and not an American citizen. Of course, he probably likes it here better because even as an enemy combatant he can wear his Muslim accoutrements.
The Supreme Court is going to hear the Guantanamo Bay case.
Also, I’ll eat my hat if Padilla is actually out or charged in 30 days.
I’m sure either the USSC or the 2nd Circuit will issue a stay while the case goes up (or en banc). But it’s still a huge victory.
Yipes. I didn’t know you had laws against liking France. ;)
If we don’t, we damn well ought to.
[size=2]I’m only not including Sweden because of Dom2. You’re getting off light.[/size]