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<blockquote data-quote="TechGrrl" data-source="post: 592807" data-attributes="member: 4932">Re: Obamanation here todayJose Padilla.&nbsp; Here&#039;s a link:<a href="http://www.oyez.org/cases/2000-2009/2003/2003_03_1027/" target="_blank">http://www.oyez.org/cases/2000-2009/2003/2003_03_1027/</a>Here&#039;s some key paragraph:&nbsp; Facts of the Case:&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Jose Padilla, an American citizen, was arrested in Chicago&#039;s O&#039;Hare International Airport after returning from Pakistan in 2002. He was initially detained as a material witness in the government&#039;s investigation of the al Qaeda terrorist network, but was later declared an &quot;enemy combatant&quot; by the Department of Defense, meaning that he could be held in prison indefinitely without access to an attorney or to the courts. The FBI claimed that he was returning to the United States to carry out acts of terrorism.

 Donna Newman, who had represented him while he was being held as a material witness, filed a petition for habeas corpus on his behalf. The U.S. District Court for the Southern District of New York ruled that Newman had standing to file the petition despite the fact that Padilla had been moved to a military brig in South Carolina. 

However, the court also found that the Department of Defense, under the President&#039;s constitutional powers as Commander in Chief and the statutory authorization provided by Congress&#039;s Authorization for Use of Military Force, had the power to detain Padilla as an enemy combatant. The district judge rejected Newman&#039;s argument that the detention was prohibited by the federal Non-Detention Act, which states that no &quot;citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress.&quot;
On appeal, a divided Second Circuit Court of Appeals panel reversed the district court&#039;s &quot;enemy combatant&quot; ruling. The panel found that the Authorization for Use of Military force did not meet the requirement of the Non-Detention Act and that the President could not, therefore, declare American citizens captured outside a combat zone as enemy combatants.

So, our system of justice was allowed to apply, and the dude tried, convicted, and sentenced.&nbsp; See, the Constitution does work!Here&#039;s two stories from when he was sentenced:<a href="http://www.bloomberg.com/apps/news?pid=20601087&amp;sid=aHiBAyzvM_ZU&amp;refer=home" target="_blank">http://www.bloomberg.com/apps/news?pid=20601087&amp;sid=aHiBAyzvM_ZU&amp;refer=home</a><a href="http://www.washingtonpost.com/wp-dyn/content/article/2008/01/22/AR2008012200565.html" target="_blank">http://www.washingtonpost.com/wp-dyn/content/article/2008/01/22/AR2008012200565.html</a>As far as the Bush administration blowing off international laws, there are too many references to cite concerning how Mr. Cheney and Mr. Rumsfeld claims that the Geneva conventions don&#039;t apply to these &#039;enemy combatants&#039;.Just google &quot;cheney torture geneva conventions&quot; and settle in for a lot of reading.</blockquote>

[QUOTE="TechGrrl, post: 592807, member: 4932"] [b]Re: Obamanation here today[/b] Jose Padilla. Here's a link: [URL="http://www.oyez.org/cases/2000-2009/2003/2003_03_1027/"][COLOR=DarkRed]http://www.oyez.org/cases/2000-2009/2003/2003_03_1027/[/COLOR][/URL] Here's some key paragraph: Facts of the Case:[INDENT] Jose Padilla, an American citizen, was arrested in Chicago's O'Hare International Airport after returning from Pakistan in 2002. He was initially detained as a material witness in the government's investigation of the al Qaeda terrorist network,[B] but was later declared an "enemy combatant" by the Department of Defense, meaning that he could be held in prison indefinitely without access to an attorney or to the courts.[/B] The FBI claimed that he was returning to the United States to carry out acts of terrorism. Donna Newman, who had represented him while he was being held as a material witness, filed a petition for habeas corpus on his behalf. The U.S. District Court for the Southern District of New York ruled that Newman had standing to file the petition despite the fact that Padilla had been moved to a military brig in South Carolina. [B]However, the court also found that the Department of Defense, under the President's constitutional powers as Commander in Chief and the statutory authorization provided by Congress's Authorization for Use of Military Force, had the power to detain Padilla as an enemy combatant.[/B] The district judge rejected Newman's argument that the detention was prohibited by the federal Non-Detention Act, which states that no "citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress."[/INDENT][INDENT]On appeal, a divided Second Circuit Court of Appeals panel reversed the district court's "enemy combatant" ruling. The panel found that the Authorization for Use of Military force did not meet the requirement of the Non-Detention Act [B]and that the President could not, therefore, declare American citizens [U]captured outside a combat zone[/U] as enemy combatants.[/B] [/INDENT]So, our system of justice was allowed to apply, and the dude tried, convicted, and sentenced. See, the Constitution does work! Here's two stories from when he was sentenced: [URL="http://www.bloomberg.com/apps/news?pid=20601087&sid=aHiBAyzvM_ZU&refer=home"][COLOR=DarkRed]http://www.bloomberg.com/apps/news?pid=20601087&sid=aHiBAyzvM_ZU&refer=home[/COLOR][/URL] [URL="http://www.washingtonpost.com/wp-dyn/content/article/2008/01/22/AR2008012200565.html"][COLOR=DarkRed]http://www.washingtonpost.com/wp-dyn/content/article/2008/01/22/AR2008012200565.html[/COLOR][/URL] As far as the Bush administration blowing off international laws, there are too many references to cite concerning how Mr. Cheney and Mr. Rumsfeld claims that the Geneva conventions don't apply to these 'enemy combatants'. Just google "cheney torture geneva conventions" and settle in for a lot of reading. [/QUOTE]

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