Supreme Court rejects Padilla appeal

[Rainsford]

Originally posted by: Jhhnn
Please, Mursilis, that spin is pretty disingenuous, given that the court rejected his case the first time on the basis that it had been filed in the wrong jurisdiction- even though the defendant had been moved to a secret location undisclosed to his attorneys.... a variation on the old shell game...

Maybe, but that has nothing to do with THIS particular appeal. While the "shell game" issue is one that might need some new rules (otherwise moving a prisoner can prevent any chance for appeal), this particular case is much different.

 

[jimkyser]

Originally posted by: Rainsford

Originally posted by: Jhhnn
Please, Mursilis, that spin is pretty disingenuous, given that the court rejected his case the first time on the basis that it had been filed in the wrong jurisdiction- even though the defendant had been moved to a secret location undisclosed to his attorneys.... a variation on the old shell game...

Maybe, but that has nothing to do with THIS particular appeal. While the "shell game" issue is one that might need some new rules (otherwise moving a prisoner can prevent any chance for appeal), this particular case is much different.

I suspect that if they had filed in a state where he HAD been held at the time of filing, but he was subsequently moved that they wouldn't have turned away the case. It was the fact that he was never, as far as we know, held in New York that caused the problem. They probably would have been better off filing in Illinois, since that was where he was arrested and had to be in federal custody there for at least a short period of time.

 

[Jhhnn]

Incorrect, jimkeyser-

http://www.supremecourtus.gov/opinions/03pdf/03-1027.pdf

Padilla's last known place of detention was in New York. The Govt moved him before the writ was actually filed, to an undisclosed location.

It's the same case, Rainsford- same whore, different dress- only the packaging is different.

 

[Rainsford]

Originally posted by: Jhhnn
Incorrect, jimkeyser-

http://www.supremecourtus.gov/opinions/03pdf/03-1027.pdf

Padilla's last known place of detention was in New York. The Govt moved him before the writ was actually filed, to an undisclosed location.

It's the same case, Rainsford- same whore, different dress- only the packaging is different.

In the first case, I think the location should have been immaterial, as it was the CIRCUMSTANCES of his detention that were being contested, the location was not a central factor. In this particular appeal, the circumstances have been fundamentally changed, which IS central to the appeal.

 

[piasabird]

It is kind of hard to prove an American plotted to commit a terrorist act. Many people may boast that they might do something like an act of terrorism, but in actuality they may not really mean what they say because it is a boast and they would not ever really do such a thing. It can just be their way of speaking out against public or governmental policy. It is very hard to prove what someone's real intent actually is.

 

[Rainsford]

Originally posted by: piasabird
It is kind of hard to prove an American plotted to commit a terrorist act. Many people may boast that they might do something like an act of terrorism, but in actuality they may not really mean what they say because it is a boast and they would not ever really do such a thing. It can just be their way of speaking out against public or governmental policy. It is very hard to prove what someone's real intent actually is.

Not really. What you're talking about is discerning between talking about it and really WANTING to do it. But in this country, at least for the moment, NEITHER can actually land you in jail. Plotting a terrorist act is a much different thing, it involves planning and specific ideas and preparations. And it's pretty easy to pick out from the crowd someone who's planning to blow up the Maryland Bay Bridge and someone who's just pissed at the Bush administration.

 

[umbrella39]

Originally posted by: NJDevil
Wtf ... how can any true american be in favor of this? It's so ridiculously unamerican that it's hard to imagine anyone favoring holding US citizens in custody for this long w/o access to a lawyer/being charged.

Pathetic that you would support this Zendari.

QFT, he is one of the top America haters posting here. It is a unique combination to find someone who hates not only his country, but the vast majority of its people, as well as the constitution. He is the triple threat they speak of on American Idol. :roll: