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Politics : I Will Continue to Continue, to Pretend.... -- Ignore unavailable to you. Want to Upgrade?


To: Sully- who wrote (16034)1/5/2006 9:42:49 AM
From: Sully-  Read Replies (1) | Respond to of 35834
 
Supreme Court Allows Padilla's Transfer to Civilian Prison

Wednesday, January 04, 2006

WASHINGTON — The Supreme Court agreed Wednesday to let the military transfer accused "enemy combatant" Jose Padilla to Miami to face criminal charges in what was at least a temporary victory for the Bush administration.

The justices overruled a lower court, which had attempted to block the transfer as part of a rebuke to the White House.

The high court said it would decide later whether to consider the inmate's argument that President Bush overstepped his authority by ordering Padilla's indefinite detention in 2002. It granted the Bush administration's request for a transfer in a one-page order and said Padilla's broader appeal would be considered "in due course."

Click here to read a copy of the Supreme Court's order.
news.findlaw.com

"That's fine. It's great," said Donna Newman, one of Padilla's lawyers. "Both things are good. I don't think it's a bad day for us."

Padilla's jailing as an enemy combatant for the past 3 1/2 years has been the subject of multiple court rulings and criticism by civil rights groups.

The former Chicago gang member was arrested at Chicago's O'Hare Airport and put in military custody, where he was held without charges and traditional legal rights.

The Supreme Court had been asked to use Padilla's case to define the scope of a president's power over American citizens taken into custody on U.S. soil. The justices had been expected to agree to hear his appeal, but shortly before word was to come, the government brought criminal charges against him in Florida and then argued that the appeal was moot.

The criminal charges do not involve allegations that had been made by the administration since 2002 — that Padilla was part of an Al Qaeda-backed plot to blow up apartment buildings. Instead, a grand jury charged Padilla with being part of a North American terrorism cell that raised funds and recruited fighters to wage violent jihad outside the United States.

A panel of the 4th U.S. Circuit Court of Appeals in Richmond, Va., refused last month to allow the transfer of Padilla from military custody in South Carolina to civilian custody. The court criticized the Bush administration's use of one set of facts before the courts to justify Padilla's military detention without charges and another to persuade a grand jury in Miami to indict him on the terrorism-related charges.

In the appeals court decision, Judge J. Michael Luttig warned the administration that it was risking its credibility with the courts by changing tactics in what could be interpreted as an effort to avoid judicial scrutiny.

Solicitor General Paul Clement, the administration's Supreme Court lawyer, had told the justices that that the appeals court denial of the transfer was "an unwarranted attack on the exercise of executive discretion."

The 4th Circuit had backed the Bush administration last year, with a broad ruling that said the president could hold citizens indefinitely without charges on U.S. soil as part of the war on terrorism.

Luttig, who was named to the bench by President Bush's father, said last month that the administration's actions left the impression that Padilla had been held in military custody "by mistake," and that such government tactics could prove costly.

"These impressions have been left, we fear, at what may ultimately prove to be a substantial cost to the government's credibility before the courts," he wrote.

Padilla's lawyers had asked the court to delay his transfer until the justices decided whether to review his appeal.

foxnews.com



To: Sully- who wrote (16034)1/14/2006 5:56:11 PM
From: Sully-  Respond to of 35834
 
Is AQ An Equal Opportunity Employer?

By Captain Ed on War on Terror
Captain's Quarters

One of the documents revealed yesterday in the case of Jose Padilla, now that his case has been transferred to civilian court, was an application to join al-Qaeda. The government found his application -- known to AQ as a "mujaheddin data form" -- in Afghanistan shortly after the October 2001 invasion that pushed the Taliban from power and set AQ leadership running for the hills. It comprises one part of the evidence that the DoD is willing to use publicly in order to gain a conviction against Padilla for conspiracy to commit terrorism:

<<< After the U.S. military invaded Afghanistan to oust its Taliban rulers, authorities found a locker full of applications to join al Qaeda's holy war overseas.
Among the alleged applicants: José Padilla, the former ''enemy combatant'' who once lived in Broward County.

A prosecutor produced the alleged document for the first time Thursday in Miami federal court, where Padilla pleaded not guilty to conspiracy charges that he was a recruit for a North American terrorist cell with South Florida links that aided Islamic jihad abroad. >>>

Can anyone imagine what an AQ application would ask of its prospective followers? Having been a hiring manager for several years, I think I can take a swing at composing a standard form. Feel free to print this out and send it to Ayman "Grease Spot" Zawahiri, Pakistan.

Application For al-Qaeda Membership

Allahu akbar! So you've decided to join the fastest-growing organization of psychopathic murderers in the world today. Due to the exciting type of work we perform, we always have room for more volunteers, and so we welcome you to our ranks. We'd like to get to know you, while we can, so please answer a few questions for us:

Name: Abu ____________

Real name: __________________

Gender: ______ Male __________ Chattel (if so, stop here)

Marital Status: ____ Single _____ Married (# of wives: ______)

Reason For Interest In al-Qaeda (circle all that apply):

a. Hatred for everything Western, except those hot babes on Baywatch
b. Suicidal impulse but lacking the skills to carry it out
c. Inability to get women to date me
d. Want to travel and see the world before I realize my ambition to destroy it
e. Having 72 inexperienced young girls later sounds better than dealing with one nagging woman now

Would you be willing to relocate? Y/N If Y, in pieces? Y/N

Do you have any of the following disqualifying conditions?

a. Conscience
b. Soul
c. Survival instinct
d. Half a brain or more
e. Fear of flying

Thank you again, mujaheddin, on behalf of al-Qaeda -- an Equal Opportunity Destroyer

UPDATE: I forgot to link to Michelle Malkin, who has a copy of the real thing on her site. I think mine works better, though ...

captainsquartersblog.com

miami.com

michellemalkin.com