Federal Judge Orders 'Enemy Combatant' Jose Padilla Charged Or Released
<http://news.yahoo.com/news?tmpl=story&cid=401&u=/wews/20050228/lo_wyff/2605959&printer=1> Yahoo! Federal Judge Orders 'Enemy Combatant' Jose Padilla Charged Or Released Mon Feb 28, 6:08 PM ET A federal judge in Spartanburg has ordered that an American citizen held as an enemy combatant in a Navy brig in Charleston should be released. U.S. District Judge Henry F. Floyd ruled Monday that the president of the United States does not have the authority to order Jose Padilla to be held. "If the law in its current state is found by the president to be insufficient to protect this country from terrorist plots, such as the one alleged here, then the president should prevail upon Congress to remedy the problem," he wrote. In the ruling, Floyd said that three court cases that the government used to make its claim did not sufficiently apply to Padilla's case. Floyd wrote that, in essence, "the detention of a United States citizen by the military is disallowed without explicit Congressional authorization." Floyd wrote that because the government had not provided any proof that the president has the power to hold Padilla, he must reject the government's claim of authority. "To do otherwise would not only offend the rule of law and violate this countrys constitutional tradition, but it would also be a betrayal of this nations commitment to the separation of powers that safeguards our democratic values and individual liberties," he wrote. "For the court to find for [the U.S. government] would also be to engage in judicial activism. This court sits to interpret the law as it is and not as the court might wish it to be. Pursuant to its interpretation, the court finds that the President has no power, neither express nor implied, neither constitutional nor statutory, to hold [Padilla] as an enemy combatant," Floyd wrote. As a result, Floyd ordered that Padilla be charged with a crime or released within 45 days. The government is expected to appeal the decision. -- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
What the hell. A federal judge finally did something that wasn't completely cowardly. I'm interested to see how the Bushites will try to subvert this situation anyway. Come to think of it, I'd bet they've been brainwashing Padilla to blow up something the day after he gets out so they can squelch the remaining democratic "loopholes". -TD
From: "R.A. Hettinga" <rah@shipwright.com> To: cypherpunks@al-qaeda.net Subject: Federal Judge Orders 'Enemy Combatant' Jose Padilla Charged Or Released Date: Mon, 28 Feb 2005 21:15:44 -0500
<http://news.yahoo.com/news?tmpl=story&cid=401&u=/wews/20050228/lo_wyff/2605959&printer=1>
Yahoo!
Federal Judge Orders 'Enemy Combatant' Jose Padilla Charged Or Released
Mon Feb 28, 6:08 PM ET
A federal judge in Spartanburg has ordered that an American citizen held as an enemy combatant in a Navy brig in Charleston should be released.
U.S. District Judge Henry F. Floyd ruled Monday that the president of the United States does not have the authority to order Jose Padilla to be held.
"If the law in its current state is found by the president to be insufficient to protect this country from terrorist plots, such as the one alleged here, then the president should prevail upon Congress to remedy the problem," he wrote.
In the ruling, Floyd said that three court cases that the government used to make its claim did not sufficiently apply to Padilla's case.
Floyd wrote that, in essence, "the detention of a United States citizen by the military is disallowed without explicit Congressional authorization."
Floyd wrote that because the government had not provided any proof that the president has the power to hold Padilla, he must reject the government's claim of authority.
"To do otherwise would not only offend the rule of law and violate this countrys constitutional tradition, but it would also be a betrayal of this nations commitment to the separation of powers that safeguards our democratic values and individual liberties," he wrote.
"For the court to find for [the U.S. government] would also be to engage in judicial activism. This court sits to interpret the law as it is and not as the court might wish it to be. Pursuant to its interpretation, the court finds that the President has no power, neither express nor implied, neither constitutional nor statutory, to hold [Padilla] as an enemy combatant," Floyd wrote.
As a result, Floyd ordered that Padilla be charged with a crime or released within 45 days.
The government is expected to appeal the decision.
-- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
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Tyler Durden