General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDoes anyone remember Jose Padilla?
On December 21, 2005, the U.S. Court of Appeals for the Fourth Circuit refused to authorize a transfer from the Navy brig to civil court.[27][28] The court suggested that the administration was manipulating the federal court system with "intentional mooting" in order to avoid Supreme Court review. It said that the "shifting tactics in the case threatens [the government's] credibility with the courts."[29]
The Solicitor General Paul Clement said that the federal appeals court decision "defies both law and logic." He asked the Supreme Court authorize immediate transfer on December 30, 2005.[29] This took place one day after Padilla's lawyers filed a petition charging the president with overstepping his authority.[30]
On January 3, 2006, the U.S. Supreme Court granted a Bush administration request to transfer Padilla from military to civilian custody.[27] He was transferred to a federal prison in Miami while the Supreme Court decided whether to accept his appeal of the government's authority to keep US citizens it designates "enemy combatants" in open-ended military confinement without benefit of trial.
On April 3, 2006, the Supreme Court declined, with three justices dissenting from denial of certiorari, to hear Padilla's appeal from the 4th Circuit Court's decision. It left the 4th Circuit court's ruling that the president had the power to designate and detain him as an "enemy combatant" without charges and with disregard to habeas corpus.[31]
https://en.wikipedia.org/wiki/José_Padilla_%28criminal%29
Just wondering if any of these seditionist can be treated similarly ...
Cirque du So-What
(25,980 posts)and itd be wrong to treat any of these seditionists that way either. Once that methodology becomes acceptable, it could be used on any of us.
UpInArms
(51,284 posts)Just thought a bit of history was important to reflect upon.
Cirque du So-What
(25,980 posts)The atrocities of the Bush years must not be repeated. True justice does not permit those abuses.
denbot
(9,901 posts)Fortunately Shitlers too lazy to research.. anything.
gratuitous
(82,849 posts)But I've already heard the distant echoes of "They're treating us like we're criminals" mewling up from the ranks of the insurrectionists. The traitor at the airport weeping manly tears that someone had called him a terrorist comes to mind.
I'm confident that the insurrectionists, unlike Jose Padilla, will get the full benefit of their rights under our criminal justice system, access to competent counsel, a chance to confront their accusers, to examine all the evidence against them, and to cross-examine or impeach the witnesses to their crimes. So when they whine about how badly they're being treated by due process, I don't think it would be out of line to remind them how Jose Padilla was treated by our justice system, a treatment that I'd bet a shiny nickel they endorsed.
Cirque du So-What
(25,980 posts)that every last mothers one of MAGAts participating in the siege of the Capitol applauded torture, extraordinary rendition, and any other counterproductive technique from the Bush years.
I hope those arrested get to experience tried-and-true interrogation techniques from professionals -none of which include waterboarding or electrodes attached to testicles.
uponit7771
(90,364 posts)Kid Berwyn
(14,958 posts)Bluethroughu
(5,192 posts)Our country.
We need these people covered in trial so the other 75million that voted for this creep, will understand the error of their ways, or at least try to enlighten.
TigressDem
(5,125 posts)Bluethroughu
(5,192 posts)TigressDem
(5,125 posts)Pull the band aid now or chop off the leg after gangrene consumes it.
Those who followed this tyrant must be dealt with now before they spread their disease further into the country.
Bluethroughu
(5,192 posts)This is a very serious, teaching, moment in our country.
TigressDem
(5,125 posts)https://en.wikipedia.org/wiki/Jos%C3%A9_Padilla_%28criminal%29
Still in Jail and an increased sentence. Padilla is serving his sentence at the "Supermax" prison in Florence, Colorado. Padilla's prisoner number is 20796-424; his projected release date is February 15, 2026.
In August 2007, a federal jury found him guilty of conspiring to commit murder and fund terrorism. Government officials had earlier claimed Padilla was suspected of planning to build and explode a "dirty bomb" in the United States, but he was never charged with this crime. He was initially sentenced to 17 years in prison, which was increased on appeal to 21 years. His lawsuits against the military for allegedly torturing him were rejected by the courts for lack of merit and jurisdictional issues.
2 of 3 psychological evaluations found him unfit to contribute to his own defense.
In January 2007, a mental competency hearing was scheduled for Padilla for February 22, 2007. Two mental health experts hired by the defense to conduct a competency evaluation concluded Padilla was not mentally fit for trial; a third evaluation submitted by the Bureau of Prisons found him mentally competent.
HOWEVER, he took some test that showed he did NOT have PTSD. Hmmmmm.
So reading about his young life, he PROBABLY he was "guilty" BUT he still should have had a trial at the start of all this an not just thrown away to rot.
It's also possible he had turned his life to peace and was caught up in the insanity of the situation.
No one will ever know for sure now, maybe not even Jose Padilla. Who knows what kind of tactics were used because it was all cloak and dagger, not in the open.
Bluethroughu
(5,192 posts)Do we see the light of justice, if it's conducted in dark.
WhiskeyGrinder
(22,433 posts)radius777
(3,635 posts)will be (or have already been) pardoned for in some cases worse crimes.
How 'justice' in America works.
LeftInTX
(25,555 posts)Didn't know that he was in Gitmo...US Citizen, not a citizen of another country (to the best of my knowledge)..
That's really messed up.
I can see holding him for a month or so, but then you need to charge them...