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New White House tries another move towards Facism.
[link|http://www.boston.com/news/nation/articles/2005/07/20/us_asks_court_for_power_to_detain/|Boston.com]
A government attorney argued yesterday that America is a battlefield and President Bush therefore has the authority to detain enemy combatants indefinitely in this country.
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Paul Clement, acting solicitor general of the United States, made the comments as a three-judge panel of the US Court of Appeals for the Fourth Circuit here is considering whether to overturn a lower court ruling that Jose Padilla should be charged with a crime or released. In 2002, Padilla, a former Chicago gang member and Muslim convert, was taken into custody by the military and has been held without trial ever since.

Luttig repeatedly pressed Clement, even after the solicitor general noted that Padilla's alleged intentions as a soldier of al Qaeda -- to target civilians -- constituted ''unlawful combatancy" even if he were on a battlefield in uniform.

''Those accusations don't get you very far," Luttig replied, ''unless you're prepared to boldly say the United States is a battlefield in the war on terror."

Clement answered, ''I can say that, and I can say it boldly."

But Michael said that Padilla wasn't captured anywhere near a battlefield. ''You captured Padilla in a Manhattan jail cell," Michael said. ''What, in the laws of war, allows you to undertake a nonbattlefield capture and hold them for the duration? I don't think you cite anything."

Michael, addressing Clement's claim that America is a battlefield, then asked, ''to call the United States a battlefield, wouldn't you have needed a specific authorization from Congress? It's not up to us as a court to develop laws of war."

As predicted previously, the White House is now trying to extend the 'unlawful combatants' thing to the US against a US citizen. If allowed, this will let the government throw anybody they want into prison for as long as they feel like it with no possible legal recourse.

Ultimatly this decision is actually fairly unimportant though, as no matter who wins this will probably end up at the Supreme Court.

Jay
New Ain't simple-assed logic Wunnaful?
New wow! Cool! When asked why I am carrying a
browning automatic rifle with tripod sans flash supressor I can quote that! If I am on a battlefield do laws prohibiting DUI get suspended for the duration? Hafto get back to home base and in protective mode.
thanx,
bill
Just call me Mr. Lynch \\

Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free american and do not reflect the opinions of any person or company that I have had professional relations with in the past 49 years. meep
questions, help? [link|mailto:pappas@catholic.org|email pappas at catholic.org]
New I say:
Charge him or let him go.

The authorities have had TWO YEARS to build a case against him. They haven't, or won't.

Charge him or let him go.

Anything else is tyranny.


Peter
[link|http://www.ubuntulinux.org|Ubuntu Linux]
[link|http://www.kuro5hin.org|There is no K5 Cabal]
[link|http://guildenstern.dyndns.org|Home]
Use P2P for legitimate purposes!
New "You say"? How... familiar. And philigrane. Botulinous, even
Expand Edited by CRConrad July 22, 2005, 02:29:45 AM EDT
New Ar, innit just.
I couldnae resist!


Peter
[link|http://www.ubuntulinux.org|Ubuntu Linux]
[link|http://www.kuro5hin.org|There is no K5 Cabal]
[link|http://guildenstern.dyndns.org|Home]
Use P2P for legitimate purposes!
New And how much like the philbot...
...that you're dictating to ANOTHER SOVEREIGN COUNTRY what they should do in regards to their own laws? ;)

Methinks we may have found the origin of the philbot.
apt-get install godlike-powers
New Somebody.. has to run the place; the inmates clearly Aren't
     White House tries another move towards Facism. - (JayMehaffey) - (7)
         Ain't simple-assed logic Wunnaful? -NT - (Ashton)
         wow! Cool! When asked why I am carrying a - (boxley)
         I say: - (pwhysall) - (4)
             "You say"? How... familiar. And philigrane. Botulinous, even -NT - (CRConrad) - (3)
                 Ar, innit just. - (pwhysall) - (2)
                     And how much like the philbot... - (inthane-chan) - (1)
                         Somebody.. has to run the place; the inmates clearly Aren't -NT - (Ashton)

It goes up to "11".
99 ms