Constitutional rights protected

[CTho9305]

A federal appeals court ruled Thursday that President Bush does not have the power to declare an American citizen seized on U.S. soil an "enemy combatant" and hold him indefinitely in military custody.

"The President's inherent constitutional powers do not extend to the detention as an enemy combatant of American citizens without express congressional authorization," the court concluded in a decision signed by Judges Barrington D. Parker and Rosemary S. Pooler. "Padilla will be entitled to the constitutional protections extended to other citizens."

Thursday's ruling constitutes one of the strongest judicial rebukes of the administration's tactics in the war on terrorism -- in this case, its policy of aggressively detaining suspects without formal charges and without access to lawyers or their families.

"None of us want to see a dirty bomber walk free," Sonnett said. "But the government cannot declare that the entire world is a combat zone in which the Constitution doesn't apply."

 

[Frdm51472]

whats your last name?

 

[nater]

good

 

[CPA]

This is already in P&N.

 

[DurocShark]

gave the administration 30 days

I agree with the ruling, but giving them 30 days to release him? :Q

 

[CTho9305]

Originally posted by: CPA
This is already in P&N.

Link for those of us who don't see it?

 

[EyeMWing]

Originally posted by: DurocShark

gave the administration 30 days

I agree with the ruling, but giving them 30 days to release him? :Q

That's 30 days for Congress to authorize his detainment. Can't have him running away now.

 

[Jzero]

Originally posted by: DurocShark

gave the administration 30 days

I agree with the ruling, but giving them 30 days to release him? :Q

It's the constitution.

Amendment V:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

He hasn't been indicted or charged. There is an exception for people in the military in a time of war (i.e. "enemy combatant"). In ruling that he is not an enemy combatant, the court excludes this exception from applying to him, therefore he cannot legally be detained anymore.

He now must be formally charged with a crime in 30 days or have congress approve his detention, otherwise he must be set free.

 

[stormbv]

Good. My highest duty isn't to the government, that's for damn sure.