Padilla, Hamdan and Police State Legislation
Jose Padilla is once again in the news. You may recall that after nearly three years of indefinite detention, Padilla was finally charged with a crime (though not the much vaunted 'dirty bomb' plot). As I postulated then, Padilla was moved into the civilian courts in order to keep the Supreme Court from ruling in the case. But in doing so, the administration has exposed their case as being rather "light on facts".
As I said in my post about Padilla's indictment:
Which appeared to be what the administration was hoping to get enacted into law:
The administration did their damnedest to avoid having the Supreme Court rule on this issue, hence the game of hot potato with Padilla. They were worried about a repeat of the decision in the case of Yaser Hamdi, wherein their indefinite detention policy might be declared illegal.
Such a decision would not bode well for the administration with regard to the detainees currently held in Guantanamo Bay, Cuba. SCOTUS has already ruled that the military commissions to try these suspects did not comply with the law. To possibly have the practice of indefinite detention ruled illegal would a be a double blow.
And even though it seems they've shied away from the issue of indefinite detention of US citizens for now (the article cited below makes no mention of it), the bill still has some pretty ominous provisions.
So not only is Bush seeking approval of his kangaroo courts but he wants to expand them to include pretty much whomever Rummy says.
And now that Padilla's case is starting to show signs of being "light on facts", no doubt the Bushists are hoping to get the Republican Rubber Stamp on this bill so they can move Jose right back into the limbo of indefinite detention. With room to spare for who knows how many others.
With much fanfare, the U.S. government charged Jose Padilla last fall in a South Florida terror-conspiracy indictment. He was brought to Miami in January under heavy guard, shackled hand and foot, helicopters flying overhead.
But now a federal judge says the case against him appears "very light on facts.''
In the last week, U.S. District Judge Marcia Cooke ordered prosecutors -- for the second time -- to provide more details to make their case against Padilla and codefendants Adham Amin Hassoun and Kifah Wael Jayyousi, accused of being part of a North American terrorist cell that supported Islamic jihad abroad.
As I said in my post about Padilla's indictment:
The essential question has yet to be answered: Does the President have the authority to detain American citizens indefinitely without charge or trial?
By avoiding having that answer clearly defined by the Supreme Court, the Bush administration has retained the power to repeat what it has done to Padilla to any American citizen.
Which appeared to be what the administration was hoping to get enacted into law:
U.S. citizens suspected of terror ties might be detained indefinitely and barred from access to civilian courts under legislation proposed by the Bush administration, say legal experts reviewing an early version of the bill.
A 32-page draft measure is intended to authorize the Pentagon's tribunal system, established shortly after the 2001 terrorist attacks to detain and prosecute detainees captured in the war on terror. The tribunal system was thrown out last month by the Supreme Court.
The administration did their damnedest to avoid having the Supreme Court rule on this issue, hence the game of hot potato with Padilla. They were worried about a repeat of the decision in the case of Yaser Hamdi, wherein their indefinite detention policy might be declared illegal.
Such a decision would not bode well for the administration with regard to the detainees currently held in Guantanamo Bay, Cuba. SCOTUS has already ruled that the military commissions to try these suspects did not comply with the law. To possibly have the practice of indefinite detention ruled illegal would a be a double blow.
And even though it seems they've shied away from the issue of indefinite detention of US citizens for now (the article cited below makes no mention of it), the bill still has some pretty ominous provisions.
A draft Bush administration plan for special military courts seeks to expand the reach and authority of such "commissions" to include trials, for the first time, of people who are not members of al-Qaeda or the Taliban and are not directly involved in acts of international terrorism, according to officials familiar with the proposal.
The plan, which would replace a military trial system ruled illegal by the Supreme Court in June, would also allow the secretary of defense to add crimes at will to those under the military court's jurisdiction. The two provisions would be likely to put more individuals than previously expected before military juries, officials and independent experts said. (emphasis added)
So not only is Bush seeking approval of his kangaroo courts but he wants to expand them to include pretty much whomever Rummy says.
And now that Padilla's case is starting to show signs of being "light on facts", no doubt the Bushists are hoping to get the Republican Rubber Stamp on this bill so they can move Jose right back into the limbo of indefinite detention. With room to spare for who knows how many others.
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