November 22, 2005

WHAT'S THE HURRY?:

U.S. Indicts Padilla After 3 Years in Pentagon Custody (DAVID STOUT, 11/22/05, NY Times)

Jose Padilla, an American citizen held without charge for more than three years as an enemy combatant, has been indicted in what the federal authorities said today was a plot to "murder, kidnap and maim" people overseas.

Attorney General Alberto Gonzales, who announced the indictment here, said that Mr. Padilla had traveled abroad to become "a violent jihadist" and that he had conspired to send "money, physical assets and new recruits" overseas to engage in acts of terrorism. [...]

At his news briefing here, Mr. Gonzales credited the USA Patriot Act with helping to make the prosecution of Mr. Padilla possible.

Passed by Congress shortly after Sept. 11, 2001, the act broadened government surveillance powers. Mr. Gonzales said the measure had been effective at "tearing down the artificial wall" that had impeded information-sharing among certain law-enforcement agencies.

Asked whether the indictment might have been timed to bolster support for the Patriot Act, which is being debated in Congress as some of its provisions are up for renewal, Mr. Gonzales replied, "Absolutely not."

Posted by Orrin Judd at November 22, 2005 2:09 PM
Comments

I would say the need for expeditious action arises from the fact of Padilla's citizenship and Amendment VI - Right to speedy trial, confrontation of witnesses. Ratified 12/15/1791, towit:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Posted by: jd watson [TypeKey Profile Page] at November 22, 2005 4:15 PM

Yeah. I don't much admire the way Padilla's case has been handled.

I don't mind the government exersizing somewhat extraordinary powers, via the "Patriot Act", say, to deal with terrorism. However, I also expect that some government agency is without doubt going to abuse those powers. They should be criticized loudly and often when they do. I only wish you could count on the criticism being in good faith.

Posted by: Twn at November 22, 2005 4:40 PM

When are the Confederate POWs going to get their trials?

Posted by: oj at November 22, 2005 5:26 PM

"when are the Confederate POWs going to get their trials?"

Good question since they were acting legally.

Posted by: h-man at November 22, 2005 5:39 PM

When are the Confederate POWs going to get their trials?

That's a wee bit different. For instance, the Confederacy wasn't exactly a secret plot.

But anyway, if the Gov't's going to treat people like Padilla as foreign combatants it should establish a formalized and predictable method of going about it instead of the ad hoc, case-by-case way we've been going about it.

Posted by: Twn at November 22, 2005 5:55 PM

h:

Knew you'd be pro-Confederate.

Posted by: oj at November 22, 2005 5:58 PM

Twn:

Why? Plenty of US citizens fought for the Germans in both World Wars and didn't get treated differently than other combatants.

Posted by: oj at November 22, 2005 6:01 PM

They also put on uniforms, which is a dead giveaway.

Posted by: Twn at November 22, 2005 6:16 PM

You get *more* protections for wearing a uniform, not less.

Posted by: Timothy at November 22, 2005 7:00 PM

I'm just pro-constitution. It was Pope Pius IX who was pro-confederacy as shown by this letter written in 1863 to Jefferson Davis.

ILLUSTRIOUS AND HONORABLE PRESIDENT,
salutation:
We have just received with all suitable welcome the persons sent by you to place in our hands your letter, dated 23d of September last. Not slight was the pleasure we experienced when we learned, from those persons and the letter, with what feelings of joy and gratitude you were animated, illustrious and honorable President, as soon as you were informed of our letters to our venerable brother John, Archbishop of New York, and John, Archbishop of New Orleans, dated the 18th of October of last year, and in which we have with all our strength excited and exhorted those venerable brothers that, in their episcopal piety and solicitude, they should endeavor, with the most ardent zeal, and in our name, to bring about the end of the fatal civil war which has broken out in those countries, in order that the American people may obtain peace and concord, and dwell charitably together. It is particularly agreeable to us to see that you, illustrious and honorable President, and your people, are animated with the same desires of peace and tranquility which we have in our letters inculcated upon our venerable brothers. May it please God at the same time to make the other peoples of America and their rulers, reflecting seriously how terrible is civil war, and what calamities it engenders, listen to the inspirations of a calmer spirit, and adopt resolutely the part of peace. As for us, we shall not cease to offer up the most fervent prayers to God Almighty, that He may pour out upon all the people of America the spirit of peace and charity, and that He will stop the great evils which afflict them. We, at the same time, beseech the God of pity to shed abroad upon you the light of His grace, and attach you to us by a perfect friendship.
" Given at Rome, at St. Peter's, the 3d of December, 1863, of our Pontificate 18.
(Signed) ".Plus IX."

Not to mention the Crown of thorns that the Pope gave the imprisoned Jefferson Davis, after the War.

Posted by: h-man at November 22, 2005 8:20 PM

Pro-peace, it's an institutional failing these days.

Posted by: oj at November 22, 2005 8:31 PM
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