Court smacks down gov't in Padilla case

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Court smacks down gov't in Padilla case

Postby sunny » Wed Dec 21, 2005 10:00 pm

<!--EZCODE AUTOLINK START--><a href="http://pacer.ca4.uscourts.gov/opinion.pdf/056396R1.P.pdf">pacer.ca4.uscourts.gov/op...96R1.P.pdf</a><!--EZCODE AUTOLINK END--><br>____________________________________________________<br>For, as the government surely must understand, although the<br>various facts it has asserted are not necessarily inconsistent or<br>without basis, its actions have left not only the impression that<br>Padilla may have been held for these years, even if justifiably,<br>by mistake –- an impression we would have thought the government<br>could ill afford to leave extant. They have left the impression<br>that the government may even have come to the belief that the<br>principle in reliance upon which it has detained Padilla for this<br>time, that the President possesses the authority to detain enemy combatants who enter into this country for the purpose of<br>attacking America and its citizens from within, can, in the end,<br>yield to expediency with little or no cost to its conduct of the<br>-13-<br>war against terror –- an impression we would have thought the<br>government likewise could ill afford to leave extant. And these<br>impressions have been left, we fear, at what may ultimately prove<br>to be substantial cost to the <!--EZCODE BOLD START--><strong>government’s credibility</strong><!--EZCODE BOLD END--> before the<br>courts, to whom it will one day need to argue again in support of a principle of assertedly like importance and necessity to the<br>one that it seems to abandon today. While there could be an<br>objective that could command such a price as all of this, it is<br>difficult to imagine what that objective would be.<br>For the reasons stated, the government’s motion to transfer<br>and the suggestion that our opinion of September 9, 2005, be<br>vacated are denied.<br>____________________________________________________<br><br>They were trying mightily to avoid SC review because that would give Padilla a definite disposition of his case. The gov't planned to try him in civilian courts, and then, if aquitted, return him to military custody, with the Preznits enemy combatant powers intact. This move by the lower court threatens his absolute powers. <p></p><i></i>
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Re: Court smacks down gov't in Padilla case

Postby sunny » Wed Jan 04, 2006 7:31 pm

Don't know the details yet, but Padilla is to be transferred to civilian custody. Just heard on CNN-a real defeat if this means his case won't be heard by the SCOTUS, as I think it does. <p></p><i></i>
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Re: Court smacks down gov't in Padilla case

Postby sunny » Wed Jan 04, 2006 7:49 pm

Here is the story-<br><!--EZCODE AUTOLINK START--><a href="http://news.yahoo.com/s/ap/20060104/ap_on_go_su_co/scotus_padilla;_ylt=Al9H_FFh5pfjPsm2HSuFb4is0NUE;_ylu=X3oDMTA2Z2szazkxBHNlYwN0bQ--">news.yahoo.com/s/ap/20060...NlYwN0bQ--</a><!--EZCODE AUTOLINK END--> <p></p><i></i>
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Padilla's fate

Postby ewastud » Thu Jan 05, 2006 3:45 am

The case is very complicated, but my impression is that the SC took pity on Padilla being treated as a political football by the government and the lower courts and decided the case in the best interests of Padilla's immediate physical welfare, deferring to a future date to consider the particulars of his case, and not allowing itself to be manipulated by Bush and the corrupt Justice Dept. <p></p><i></i>
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Taking Pity

Postby sunny » Thu Jan 05, 2006 4:10 am

ewastud, I hope you are right, but pity won't be a part of the equation if Alito is confirmed. <p></p><i></i>
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