Latest on habeus corpus/enemy combatant

[PLOlover]

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Americans would be unwise to rely on habeas corpus, however, to provide them any safety or security with respect to being labeled an “enemy combatant” and treated accordingly. As soon as an American “enemy combatant” files a petition for writ of habeas corpus, the government will quickly file its response showing that the prisoner is being held as an “enemy combatant” in time of “war,” citing the Fourth Circuit’s decision in the Padilla case upholding the “enemy combatant” designation as part of the ongoing “war on terrorism.”
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The courts will very likely swiftly dismiss habeas corpus petitions brought by Americans who have been labeled “enemy combatants.”

... it would take at least a year or two for any case to reach the Supreme Court and be decided, and lots of Americans could be arrested, incarcerated, tortured, and executed within that time, especially if the right “emergency” or “crisis” were to send everyone into emotional hyperdrive.



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http://www.fff.org/comment/com0702k.asp


So it looks like although habeus corpus may not be suspended for americans, american citizens have no legal way to excercise it in the case of being labelled an enemy combatant. After all, let us remember A.G. who said before congress that h.c. was not guaranteed in the constitution, it was only prohibitied from being suspended. Upgrade your doublethink chip to take that into account.

[jman220]

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Supreme Court and be decided, and lots of Americans could be arrested, incarcerated, tortured, and executed within that time, especially if the right “emergency” or “crisis” were to send everyone into emotional hyperdrive.

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Umm, even if you have enemy combatant status, those last two still can't happen under our laws.

Edit: In fact, if someone was executed by anyone acting under the "color of law" without that person being afforded due process and appeals, I'm pretty sure you'd have a strong case for murder against the people doing the executing.

[Nielsio]

Power >>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>> magical paper that is supposed to protect you

[PLOlover]

Well padilla's lawyer's claim he is unable to stand trial because he was tortured, so we'll see what happens there.

As to execution, it's my understanding that enemy combatants are basically in a seperate legal or beaurocratic system, and they can be "tried" convicted and punished according to that system, and the punishments include the death penalty.

[jman220]

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Power >>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>>>>>>>>>>&g t;>>>>>>>>>>>> >>>> magical paper that is supposed to protect you

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The thing is, powerful people have a funny amount of respect for that magical piece of paper. I've met lots of judges, some very smart, some idiots, some arrogant, some modest, but one thing they've all had in common is an extreme amount of respect for the laws they're sworn to uphold. The same is true for most attorneys I know. (I know this flies in the face of the reputation that attorneys have with the public, but its true).

[PLOlover]

Anyway, as to torture, I'm pretty sure the whole rendition to foreign country to torture people is common knowledge. Now whether that has stopped or not since the MCA is an open question.

[PLOlover]

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http://www.antiwar.com/ips/fisher.php?articleid=4697

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There's a story of a guy who was tortured and denied his day day in court because of national security. It's the well publicized canadian guy who was rendered to syria and tortured for a year or so. BBC did a tv thing about him.

[jman220]

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http://www.antiwar.com/ips/fisher.php?articleid=4697

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There's a story of a guy who was tortured and denied his day day in court because of national security. It's the well publicized canadian guy who was rendered to syria and tortured for a year or so. BBC did a tv thing about him.

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Putting aside the bias of an article written on a website titled "anti-war.com," the article is about a foreign national (not an immigrant illegal or otherwise), who was sent back to his country of birth for questioning. That foreign government may have tortured him. Now, I don't agree with this practice at all, but that is a far cry from your OP, which warns of American Citizens being tortured and executed by being classified as enemy combatants. There is no way, legally, that an American citizen in America could be sent to another country for questioning by that other country to get around our torture laws.

[PLOlover]

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There is no way, legally, that an American citizen in America could be sent to another country for questioning by that other country to get around our torture laws.

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Wow you must really be uninformed that is what has been going on just google render torture CIA. Btw, the guy in the story was canadian citizen but he was taken by the US.

Now you may be correct that it is not supposed to apply to US citizens, but like the orignal post link I posted says, if you are an american and labeled an enemy combatant, you can't get out of the label because the normal courts are closed to you.

http://www.truthout.org/cgi-bin/artm...ew.cgi/37/9108

http://en.wikipedia.org/wiki/Extraordinary_rendition

[AngusThermopyle]

Padilla was moved to civilian system because the Government knew they were going to lose in the Supreme Court, doesn't that tell you something?

They already lost in Hamdi. They were going to lose Padilla. Do you really think they would move him to the normal system and drop most of the charges if they had a snowball's chance of winning?

Google Scalia + Hamdi and read his opinion. His dissent where he felt the Court did not go far enough in limiting the power of the President.

"The very core of liberty secured by our Anglo-Saxon system of separated powers has been freedom from indefinite imprisonment at the will of the Executive."

The courts are not closed to US citizens, even with the 'unlawful combatant' designation.