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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: jlallen who wrote (370980)3/14/2003 12:24:38 PM
From: Kenneth E. Phillipps  Respond to of 769670
 
Longview Fibre v. Weimer, 628 P2nd 456 (1981), an en banc decision of the Washington State Supreme Court in which I represented the prevailing party. See for yourself. This is a landmark decision in Washington State Workers Compensation Law. You have access to the reporters so see for yourself.



To: jlallen who wrote (370980)3/14/2003 12:29:23 PM
From: Kenneth E. Phillipps  Read Replies (1) | Respond to of 769670
 
JLA, you challenged my statement about the administration assualt on civil liberties. You asked what assualt? I told you that people were held without access to their lawyers. You said who? I said Padilla. Here is the article. You lose!

'Enemy combatant' can meet lawyers, judge rules

Associated Press

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New York — A man accused of plotting to detonate a dirty bomb in the United States can meet with his lawyers despite government claims that the meetings might spoil attempts to prevent future terrorist attacks, a judge ruled Tuesday.

U.S. District Judge Michael Mukasey in Manhattan noted the heated rhetoric from both sides as he rejected a government plea to reverse his December decision to let defence lawyers meet with Jose Padilla, an American citizen accused of plotting with al-Qaeda to detonate a radioactive dirty bomb in the United States.

Although the judge had permitted Mr. Padilla, 31, access to counsel for the first time since he was designated an enemy combatant in June, the suspect was not allowed to see a lawyer while the judge was reconsidering the ruling. Defence lawyers are challenging his enemy combatant status.

The government claimed in written arguments that letting Mr. Padilla meet lawyers "risks that plans for future attacks will go undetected" because they believed defence lawyers would persuade him not to share information with the government.

The judge said the defence was suggesting that a failure to give Mr. Padilla a lawyer would mean "a dictatorship will be upon us, the tanks will have rolled."

But the judge wrote: "Those to whom images of catastrophe come that easily might take comfort in recalling that it is a year and a half since Sept. 11, 2001, and Padilla's is not only the first, but also the only case of its kind."

"There is every reason to hope, but also to expect that this case will be just another of the isolated cases ... that deal with isolated events and have limited application," he added.

Donna Newman, a defence lawyer fighting to meet with Padilla, said she was pleased that Judge Mukasey reaffirmed Mr. Padilla's access to counsel.

"It is comforting for all United States citizens that if they were to be seized by the military and held incommunicado, at least an attorney can have access to them and be their voice," Ms. Newman said.

"We're studying the opinion," said Marvin Smilon, a spokesman for U.S. Attorney James Comey.