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Old 28-02-05, 09:25 PM   #1
theknife
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seems like the courts aren't too comfortable with the "enemy combatant" designation:

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A federal judge ordered the Bush administration Monday to either charge terrorism suspect Jose Padilla with a crime or release him after more than 2 1/2 years in custody.

U.S. District Judge Henry Floyd in Spartanburg, S.C., said the government can not hold Padilla indefinitely as an "enemy combatant," a designation President Bush gave him in 2002. The government contends Padilla was planning an attack with a "dirty bomb" radiological device.
this is a great ruling for anyone who believes in the Constitution...whatever they think this guy was planning (and, as it turned out, they have no proof he was doing anything), he's a citizen and is entitled to Constitutional protection. indefinte detention of citizens, without charges, is unconstitutional, period. if the gov thinks he's guilty of something, than prove it.

Quote:
"The court finds that the president has no power, neither express nor implied, neither constitutional nor statutory, to hold petitioner as an enemy combatant," Floyd wrote in a 23-page opinion that was a stern rebuke to the government. Floyd, appointed by Bush in 2003, gave the administration 45 days to take action.
fuckin-a - that's why he's called "The President", not "The King" or "The Emporer". seems like every time this shit gets in front of a judge, the Bushies lose, as well they should. beware of government officials who roll back constitutional protections while "defending your freedom"

http://apnews.myway.com//article/200...D88HSK4O0.html
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Old 01-03-05, 02:59 AM   #2
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The constitution is still alive and kicking. Shit or get off the pot.
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Old 01-03-05, 03:21 AM   #3
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On a slightly unrelated point, I watched a documentary/experiment show last night on Channel 4 - 'The Guantanamo Guidebook'. As part of their 'torture season', the programme aimed to recreate the conditions and actions at Guantanamo Bay (based on witness testimony, declassified internal Government reports and internal policy).

They basically put seven guys (some Muslim, others non-Muslim) through 48 hours-worth of mental and physical strain, at the mercy of 10 or so ex-US military interrogators - trained in 'interview techniques'. Obviously, they weren't allowed to give these guys a thrashing or physically damage the participants - but that wasn't necessary. They used a variety of techniques: stress positions, sleep deprivation, sensory overload/deprivation, white noise, dogs, strip searches, sexual threats, heat/cold extremes, water torture... to be honest, as I'm writing this, it doesn't really do it justice. At times, it was fucking unbearable to watch as these volunteers were continually 'pressed'... and this was just the milder forms of torture.

4 of them dropped out - depite the fact that it was merely a mock-up and for a finite period of time.

Made me realise how far things have come. Innocent or not - some of those in Guantanamo have been locked up for over 4 years without trial.

Those actions are illegal and the UK is complicit.

Fucking disgusting.
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Old 01-03-05, 03:27 AM   #4
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I always wondered if the people that are being held in Gitmo are getting mkultra-ed (unknowingly trained) to preform the next terror attack.
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Old 01-03-05, 10:48 AM   #5
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Quote:
Originally Posted by theknife
seems like every time this shit gets in front of a judge, the Bushies lose, as well they should. beware of government officials who roll back constitutional protections while "defending your freedom"
Everything but the 2000 Election!!


Sorry - couldn't resist --
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Old 01-03-05, 11:59 AM   #6
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Quote:
Originally Posted by tambourine-man
At times, it was fucking unbearable to watch as these volunteers were continually 'pressed'...
LOL! I wonder if there's a disorder called hyperpussyness or your just some kind of superwimp. Watch "GI Jane" or the history channel shows of US military training if you can without fainting, then crawl back under your bed and hide from the mean scary world.
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Old 02-03-05, 12:47 AM   #7
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Predictable.
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Old 02-03-05, 10:34 AM   #8
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my local paper did a nice editorial take on this story:

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A president, not a dictator

We're still free. A president of the United States can't throw us behind bars and keep us there just because he wants to.

A federal judge – a judge whom President George W. Bush appointed to the bench – ruled Monday that the president has "no power, neither express nor implied, neither constitutional nor statutory," to keep an American in jail without filing criminal charges and trying to prove he's guilty.

That was fine news for Jose Padilla, but even better news for the rest of us. Our fundamental rights as free people have been reaffirmed.

The government has held Mr. Padilla for three years without charging him. Federal agents suspect him of plotting to set off a "dirty bomb" in the United States.

Maybe he did. But if the government doesn't have the evidence to try him, said Federal District Judge Henry F. Floyd, it has to let him go.

The Bush administration says it will appeal, but its chances don't look good. The U.S. Supreme Court freed another suspect in a case in which the government had a better argument.

Judge Floyd observed that to accept the government's contentions would "not only offend the rule of law and violate this country's constitutional tradition, but it would also be a betrayal of this nation's commitment to the separation of powers that safeguards our democratic values and individual liberties."

Moreover, he said, it would "totally eviscerate the limits placed on Presidential authority to protect the citizenry's individual liberties."

One of Mr. Padilla's lawyers said the ruling "confirms our belief that the Constitution is alive and well and kicking. The system works."

Eventually. And so far.

Jose Padilla may be a dangerous American. But if he can be thrown into prison without charge and left there to rot, so can you.

If the president doesn't understand that, Judge Henry Floyd does.
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