Kiss constitutional "due process" goodbye! Never get
arrested...you may not get out. No lawyer contact, no jury
trial, no Miranda rights, no due process, no fair and speedy
trial, warrantless arrests, secret arrests, government star
chambers and Inquisitions. Total Dictatorial power....zero
constitutional rights.....to ANYONE they want this to apply to.
How convenient for tyrants to have such power! Patrick Henry
would be outraged!
-------------------------------------
Court Rules U.S. Can Indefinitely Detain Citizens
http://www.washingtonpost.com/wp-dyn/content/article/2005/09/09/AR2005090900772.html
Court Rules U.S. Can Indefinitely Detain Citizens
Ruling Comes in the Case of 'Enemy Combatant' Jose Padilla
By Jerry Markon
Washington Post Staff Writer
Friday, September 9, 2005; 12:27 PM
A federal appeals court ruled today that the president can
indefinitely detain a U.S. citizen captured on U.S. soil in the
absence of criminal charges, holding that such authority is
vital to protect the nation from terrorist attacks.
The decision by the U.S. Court of Appeals for the 4th Circuit
came in the case of Jose Padilla, a former Chicago gang member
who was arrested in Chicago in 2002 and designated an "enemy
combatant" by President Bush. The government contends that
Padilla trained at al Qaeda camps and was planning to blow up
apartment buildings in the United States.
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Padilla, a U.S. citizen, has been held without trial in a U.S.
naval brig for more than three years, and his case triggered a
legal battle with vast implications for civil liberties and the
fight against terrorism.
Attorneys for Padilla and a host of civil liberties
organizations blasted the detention as illegal and said it could
lead to the military being allowed to hold anyone, from
protesters to people who check out what the government considers
the wrong books from the library.
Federal prosecutors asserted that Bush not only had the
authority to order Padilla's detention but that such power is
essential to preventing attacks. In its ruling today, the 4th
Circuit overturned a lower court and came down squarely on the
government's side.
A congressional resolution after the Sept. 11, 2001, terrorist
attacks "provided the President all powers necessary and
appropriate to protect American citizens from terrorist attacks
by those who attacked the United States on Sept. 11,'' the
decision said. "Those powers include the power to detain
identified and committed enemies such as Padilla, who associated
with al Qaeda and the Taliban regime, who took up arms against
this Nation in its war against these enemies, and who entered
the United States for the avowed purpose of further prosecuting
that war by attacking American citizens.''
The decision by a three-judge panel was written by Judge J.
Michael Luttig, who is one of a number of people under
consideration by President Bush for nomination to the U.S.
Supreme Court.