To: Geoff Altman who wrote (205601 ) 10/12/2006 1:26:09 PM From: wonk Read Replies (2) | Respond to of 281500 Geoff: What is your opinion on the Jose Padilla case? You can review the substance here:glenngreenwald.blogspot.com Here is his lawyer’s brief discussing his detention and 3.5 years of “torture.”discourse.net There are separate, but inter-related issues here. 1. Padilla was and is an American Citizen. Thus his detention without charge for 3 plus years appears to violate both the Habeas Corpus provision embedded within the Constitution itself (which was essentially born by the Magna Carta in 1200 AD), as well his Rights under the 5th, 6th and 8th Amendments to the Constitution. 2. Assuming, for the sake of argument, that he had been charged, is this type of treatment, prior to a conviction ever permissible under our Constitution? I would argue that in addition to being illegal (which many argue but I don’t even see a wsisp of a case), the conduct of our Government officials was immoral . I would submit to you that justification of “torture” is the absolute worst form of “moral relativism.” I would submit to you that the most basic human rights elucidated, in part, in the Constitution and the Bill of Rights must apply to all, or the words mean nothing. I would offer for your consideration that Thomas Jefferson was unequivocal in stating that the protections afforded by the writ of Habeas Corpus applied to Citizen and Alien equally . I would submit to you that according to the Constitution, Habeas Corpus can only be suspended during times of Invasion or Rebellion. Neither the Congress nor the President nor the Courts may violate that command. I would submit to you that the following passage could have been written by Orwell, or Kafka. I would submit to you that I could pull similar passages from descriptions of the Soviet or Chinese Gulag, or any number of heinous regimes, and you would not be able to tell one from the other.…His isolation, furthermore, was aggravated by the efforts of his captors to maintain complete sensory deprivation. His tiny cell – nine feet by seven feet – had no view to the outside world. The door to his cell had a window, however, it was covered by a magnetic sticker, depriving Mr. Padilla of even a view into the hallway and adjacent common areas of his unit. He was not given a clock or a watch and for most of the time of his captivity, he was unaware whether it was day or night, or what time of year or day it was…. He was threatened with being cut with a knife and having alcohol poured on the wounds. He was also threatened with imminent execution. He was hooded and forced to stand in stress positions for long durations of time. He was forced to endure exceedingly long interrogation sessions, without adequate sleep, wherein he would be confronted with false information, scenarios, and documents to further disorient him. Often he had to endure multiple interrogators who would scream, shake, and otherwise assault Mr. Padilla….” I would submit to you that our words don’t define who we are. Our actions do. Mr. Padilla may be a very bad man. Nevertheless he was entitled to be timely charged and timely tried so that the Government could prove he was a bad man. ww