Conservatives Judging Conservatives
In what Fox news calls “a stinging rebuke to the Bush administration,” a federal judge in South Carolina yesterday ordered the United States to charge “dirty-bomb” suspect José Padilla with a crime within 45 days, or let him go. Padilla had been held as an “enemy combatant” at the Charleston Naval Brig in S.C. for two and a half years. U.S. District Judge Henry F. Floyd ruled that President Bush had overstepped his authority in detaining a U.S. citizen indefinitely without charging him.
Floyd, as it happens, was a Bush appointee in 2003, supported by right-wing U.S. Sen. Lindsey Graham (R-S.C.). Another example, perhaps, of a conservative who balks at rubber-stamping conservative (or at least Bush administration) dogma?
Floyd, as it happens, was a Bush appointee in 2003, supported by right-wing U.S. Sen. Lindsey Graham (R-S.C.). Another example, perhaps, of a conservative who balks at rubber-stamping conservative (or at least Bush administration) dogma?
6 Comments:
Floyd gave 45 days so the Fed's can appeal the decision. This is a bureaucratic filibuster to hold detainees w/o charges.
Hmmm...the 45 days does give the gov't a last chance to file charges, although they've had more than 2 years to do that already. Other than that, I think it's hard to interpret this as anything other than a defeat for the administration. The ruling is pretty unambiguous, and draws on the Supreme Ct's ruling in the Yaser Hamdi case. It really doesn't make much sense for Floyd to be counting on his decision being reversed (which judges generally dislike, of course). I think we have to take him at his word.
It's no defeat, Gary. First clue is hearing Fox frame as such.
If anything, now they will charge him, to avoid further rulings such as this one. The question is, charge him with what though, since the whole "dirty bomb" plot has turned out to be mostly speculation and whatnot. Treason's my guess, since this administration is all about precedent.
But isn't that exactly the point? The administration's been trying to assert the authority to kidnap anybody it wants off the streets and keep them incommunicado in prison indefinitely without charging them. Anything that flushes their activities out into the open and forces them to abide by the Constitution is good, I would think. I don't know whether or not Padilla did anything illegal, but regardless he deserves either his day in court, or to be released.
Yes, in a sense that is the point, but will this ruling facilitate Padilla's release? Or even shine light on his detention and the reasons given to hold him? Or grant him the rights he's been stripped of for nigh on three years? If it does, all well and good, but I doubt it highly.
Like you, I don't know what Padilla was involved in, but as you say, that's not the point. He's an American citizen and afforded certain rights by that status. But none of that matters. He's been stripped of all those rights. To charge and try him now as a traitor will not change that; in fact I'd not be surprised to see another three years of his life lost in the Gulag while the Bush administration works the system to try him, as a traitor, in a secret military tribunal. I wonder what the Attorney General would say to that idea. I wonder if he'd be receptive.
More chilling and likely is the possibility this ruling will simply put their backs to the proverbial wall and serve as the shark-jumping catalyst moment for a more widespread habit of kidnapping anybody the Bush regime wants off the streets to keep them incommunicado in prison indefinitely, by now charging them with treason and/or sedition?
I fear it will be just another setting of "legal" precedent. If anything they've learned not to reveal these kidnappings to spike public fear levels at opportune moments (as they did with Padilla and the "dirty bomb" plot), and head instead further under cover of darkness.
This is a w (note: small 'w') for us but this administration has their people in place. Their is no little balance they'll get what they want.
~americanEntropy~
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