> From what I can find on Padilla, he does not fall under the new law > either. He is a citizen that was charged in conjunction with terror > activities or attempts. In all honesty his case is one that doesn't > pass my "smell test" on *either side*. I will grant that he was held > from 2002 to 2004 in a Navy Brig, charged as an enemy combatant, > however I found an AP published timeline: > > http://www.bradenton.com/mld/bradenton/news/breaking_news/15598911.htm > > The following entry on *his* side don't pass my smell test: > > Aug. 2, 2006 - Cooke reluctantly agrees to delay trial from September > until January 2007 after both sides ask for more preparation time.
> (this is after getting access to the classified mateiral to help > defense preparation) The above is a very important distinction here... > 5 more months to prepare a defense? absolutely. But keep in mind the prosecution ALSO asked for more time. > What fails my smell test is the > fact that if he's innocent of the charges and the government doesn't > have enough evidence to prove it beyond a shadow of a doubt, why do > his lawyers want 5 months to prepare?? They finally have access to classified documents and you don't think the defense should take the time to maybe read them? Honestly this whole thing smacks of the "let's have a trial so we can hang him nice an legal" Ox-Bow Incident/Judge Roy Bean justice mentality. > Especially after the fact that > they've been working together (Padilla and his attorneys) for years > now. Yes, they have been, but without access to the information that the government was holding. And make no mistake, in a criminal case, the defense ALWAYS gets to look over the evidence. and if the prosecution introduces new or "surprise" evidence, there are grounds for mistrial. That is how it is supposed to work. Padilla IS a US citizen. No matter the crime, he deserves due process. > That's all well, fine and good but it does not relate to the bill just > passed and signed into law. What was just passed is ONLY for those > non-american enemy combatants being held at Gitmo. The Geneva convention is still very clear on this issue. Non-uniformed combatants/saboteurs/etc. can be summarily executed. But with TV cameras constantly crawling up one's butt, that can become trick quickly... > Lindh was held in > Gitmo until it was determined that he was a US citizen and Padilla was > never held in Gitmo, rather a Navy base in South Carolina. FWIW Lindh is not the guy that is being charged with treason: It's this guy: http://www.msnbc.msn.com/id/15222167/ apparently indicted without being in custody... > I'm all for letting Lindh and Padilla go through the court system... > as is their right as American citizens. The prisoners at Gitmo are > not citizens of the US. Since our government, up until the passing of > this legislation, had no legal basis for dealing with the Gitmo > detainees their lawyers (or the people that are forcing their pity on > the unappreciated) did not know what recourse they could file. It has > not been set down. > > I'm very sure that one of these public defenders will decide to take > this up to the Supreme Court, as is the correct process . We'll see > where it goes from there. > -- will "If my life weren't funny, it would just be true; and that would just be unacceptable." - Carrie Fisher ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Introducing the Fusion Authority Quarterly Update. 80 pages of hard-hitting, up-to-date ColdFusion information by your peers, delivered to your door four times a year. http://www.fusionauthority.com/quarterly Archive: http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:217348 Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5
