Enemy Combatant
Thursday, December 18, 2003
Two BIG, BIG decisions out of two different federal courts of appeal today, each delivering a roundhouse punch to Generalissimo Culo de Pita, erstwhile Maximum Ruler of Gitmo.
First, from Best of the Blogs, the good news for Jose Padilla:
Thursday, December 18, 2003
Justice Served
Jose Padilla has won a big victory for all Americans over our imperial president and his administration's outrageous, illegal and immoral efforts to concentrate all power in the Executive branch. A federal appeals court just ruled that the president does not have the power to detain an American citizen seized on U.S. soil as an enemy combatant. Little by little, the courts are rolling back the excesses. I don't think even the Supremes are going to go along with Junior on this one.
posted by Jerry Bowles 4:21 pm
Next, the Ninth Circuit Court of Appeals held, essentially, that ALL Gitmo detainees were being held illegally:
"Even in times of national emergency . . . it is the obligation of the judicial branch to ensure the preservation of our constitutional values and to prevent the executive branch from running roughshod over the rights of citizens and aliens alike," said the ruling by the Ninth Circuit Court of Appeals.
It added it could not accept the position that anyone under the jurisdiction and control of the US could be held without "recourse of any kind to any judicial forum, or even access to counsel, regardless of the length or manner of their confinement".
