March 01, 2005

Judge Orders Dirty Bomber Released or Tried in Civilian Court

Jose Padilla has been held as an 'enemy combatant' for over 2 years now. It's time to charge him with something. Releasing him, of course, is not an option.

NYT:

A federal district judge in South Carolina ruled Monday that President Bush had greatly overstepped his authority by detaining an American citizen as an enemy combatant for nearly three years without filing criminal charges. The judge, Henry F. Floyd, ruled that the government must release the American, Jose Padilla, within 45 days from the military brig in Charleston, S.C., where he has been held since June 2002. That left the Bush administration time to appeal, and a Justice Department spokesman, John Nowacki, said officials immediately decided to do so.

Yes, the Bush Administration should have to prove it, but in a military tribunal not in a civilan court.

Much of the evidence against Padilla--his own statements, the statements of other captured al Qaeda operatives, information provided by intelligence agents--either would not be admissable in a civilian court or could not be presented without compromising intelligence assets. A military tribunal, by contrast, could admit such evidence and would not be obligated to share it with Padilla or his lawyer.

[Update: Never blog on an empty stomache. Seriously, I'm on a Snickers diet. No joke. Just replace one meal a day with Snickers and you lose the weight. Do you think I could get that same deal that Jarred has going with Subway? The post has been changed to reflect a now Snickers full stomache]

When you engage in military actions against the US you ought to be treated as an enemy. The last time I checked the Geneva Convention allowed captured non-uniformed combatants caught engaged in acts of sabatoge to be put to death. Even when those combatants are domestic citizens.

Let's see how Padilla enjoys an old-fashioned firing squad.

James Joyner and Steve the Poliblogger are obviously thinking about ex Parte Milligan when they argue that US citizens must be tried in a civilian court. The rule does not apply to US citizens engaged in insurrection against the US. The difference being that Padilla was actually involved in military actions (ie, he is a combatant) vs. Milligan who was only engaged in drumming up support for the Southern cause (ie, he was a non-combatant).