What About Mukasy's Position on Waterboarding?

[adios]

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padilla didn't, was tortured, and charged after 4 or 5 years of captivity and the judge said, hey, we wait until monday if a guy is arrested on friday, this is comparable ...

model for the future.



Nope, Padilla case made it's way through the courts with Padilla basically getting favorable court decisions along the way.

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uh, no. from your wiki link.

padilla didn't(get a lawyer)

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Wrong he had a lawyer. Go reread the wiki link info.

Here's one reference to his lawyer:

Padilla's Lawyer to Gov't: 'Put Up or Shut Up'

In fact all the detainees are represented by a lawyer whether they appear in US court or in a military tribunal.


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Considering Padilla was held for years in military custody with no formal charges brought, many were shocked by this move by the George W. Bush presidential administration[18], and some reasoned that a repeat of such a process would allow the U.S. government to detain citizens indefinitely without presenting the cause that would eventually be tried.

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was tortured

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The Bush administration claimed they had the right to declare U.S. citizens as enemy combatents and have their cases heard before a military tribunal. Padilla's lawyers fought this and ultimately the Bush administration backed down from this position before the courts ruled. During that time period Padilla was detained as a combatent. This was prior to the law that was passed in Congress in 2006 regarding enemy combatents.



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Allegations of torture during imprisonment

Padilla's legal team filed a motion to dismiss the case, alleging that during his imprisonment he has been subjected to torture, including sensory deprivation, sleep deprivation, enforced stress positions and administered with various drugs including possibly LSD and PCP.[25]

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and charged after 4 or 5 years of captivity and the judge said, hey, we wait until monday if a guy is arrested on friday, this is comparable ...

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Prior to the law being passed by Congress regarding enemy combatents. Nobody's claiming that this didn't happen. The Padilla case went through the courts. Again the Bush administration backed down from this position.


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Delays in prosecution

Two additional motions also filed in October of 2006, argued that the case should be dismissed because the government took too much time between arresting Padilla and charging him.[2] In essence, the argument is that for constitutional speedy trial purposes, the arrest took place prior to his detention as an enemy combatant, and not simply when he was transferred to civilian custody.

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model for the future. <this was my editorial comment>

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Probably not when looking at how the Padilla case transpired, the court decisions that have been handed down, and the law passed by Congress in 2006. Basically the Bush administration recognized that courts would declare their detention of Padilla as an enemy combatent illegal and thus backed down.

[PLOlover]

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Wrong he had a lawyer. Go reread the wiki link info.

Here's one reference to his lawyer:

Padilla's Lawyer to Gov't: 'Put Up or Shut Up'

In fact all the detainees are represented by a lawyer whether they appear in US court or in a military tribunal.

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well he didn't have a lawyer the way you or I would if we got a dui or someting. he had a "restricted lawyer" I guess you could say.

also I'm talking about from when he was arrested, not a few years later.

I'm glad to see you agree with the rest of it.

just one more thing, the link actually says that the one of the habeus corpus deals that his "lawyer" filed was dismissed because his "lawyer" didn't have the proper standing. that's what I mean.

[TomCollins]

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I am amazed at the responses on this thread, specially the ones that claim, there is no permanent damage, it's only pain, so it is OK.

Ii is NOT ok. The US was instrumental in punishing people for water boarding following the second world war for instance.

What has the US become? A Sadists club? It is starting to look like it!

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[x] non sequitur
[ ] attack on bush
[ ] irritating smiley
[x] lol america sucks
[ ] you're all racist hicks!

[adios]

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Wrong he had a lawyer. Go reread the wiki link info.

Here's one reference to his lawyer:

Padilla's Lawyer to Gov't: 'Put Up or Shut Up'

In fact all the detainees are represented by a lawyer whether they appear in US court or in a military tribunal.

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well he didn't have a lawyer the way you or I would if we got a dui or someting. he had a "restricted lawyer" I guess you could say.

also I'm talking about from when he was arrested, not a few years later.

I'm glad to see you agree with the rest of it.

just one more thing, the link actually says that the one of the habeus corpus deals that his "lawyer" filed was dismissed because his "lawyer" didn't have the proper standing. that's what I mean.

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If the Bush administration viewpoint prevails down the road then I agree there's a very good chance that it will be abused. The cure is probably worse than the disease and yes it's more than a little troubling. I sort of understand why Bush took the position he did but I don't agree with it either.

[Felix_Nietzsche]

Just treat captured terrorists as if they were pushy questioners of John Kerry. We can fire tasers into them and the terrorists can say,

"Infidel dogs! I will never talk!
Ahhhhhhhhhhhhh!!!!
Ahhhhhhhhhhhhh!!!!
Ahhhhhhhhhhhhh!!!!
Don't tase me me Bro! Don't tase me Bro!"

[DblBarrelJ]

Good idea, as the taser has been shown to be totally safe, unless the target is ODing on meth and you have to hit the him 28 times to gain compliance.

I like your idea.