Rumsfeld v. Padilla

To begin with, the Court dodged the most important case, that of Jose Padilla. Padilla, recently vilified by a highly-placed Department of Justice attorney, is the American citizen arrested on a material witness warrant in Chicago two years ago. The government's story then was that he was planning to detonate a dirty bomb. Attorney General John Ashcroft held a press conference and announced the incarceration of Padilla and told us what a dangerous man he was. Of course, if they had evidence that he was planning to detonate a dirty bomb, they would have charged him with a host of crimes, and tried him. But they never charged him with anything. What does that tell you? A couple of weeks ago, Ashcroft sent out one of his top deputies to change the story on Padilla. That story may have influenced the Court's decision, though we will never know this. The official denied that the press conference at which he announced that Padilla had "confessed" to plotting to blow up high-rise apartment buildings may have been held to punctuate the government's belief that Padilla was a very, very dangerous man. So if he is so dangerous, why is he not being charged? Or, you have to love this reason: Because the government denied him his rights and repeatedly interrogated him without an attorney (and, maybe even tortured him, for all we know) his confession is no good! Can't be used in court. So since we denied him his rights, we cannot try him, but we can hold him without charging him forever. Because we say he is dangerous.

And what did the Supreme Court have to say about that? In a 5-4 decision, it said...nothing. It ruled that Padilla's court' appointed attorney, Donna Newman, filed the petition for writ of habeas corpus (challenging the detention of her client without charge, without access to her) in the wrong federal court. She sued Rumsfeld, on whose order Padilla was named an "enemy combatant" in the Southern District of New York, where he was brought and incarcerated and where she was appointed. But after she got into the case, and without notice to her, the government moved him to a brig in South Carolina. So the government argued that the warden of the brig is the party to be sued, not Rumsfeld. As if that warden does not answer to Rumsfeld, at least if she is holding an enemy combatant-so-called. So with Rehnquist writing for the majority, the court threw out his petition. Altogether. Padilla has to start all over again, suing the warden wherever he or she is. Ah, but keep in mind, that once his attorneys file a another petition, the government has only to move him again, – and again, and again, – to avoid answering for his detention.

So the most important of the three cases was not decided. In not deciding, the Court fully sanctioned the continued detention of Padilla, without a charge, without a lawyer (Newman is now out of the case, since the suit was dismissed), for years to come.

George Bush 1, Civil Liberties, 0.

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In these three cases, the Supreme Court did not want to totally abrogate its responsibility or the Constitution so it threw a vote or two in the direction of the Constitution.

But it left plenty of room for this despotic President, and all who follow him to incarcerate Americans at whim, concoct a story about "fighting" against American, and dare you, just dare you, to try your luck at proving your innocence.

There is no presumption of innocence – not if you are Hamdi. There is no mercy – not if the government moves you around so you never know whom to sue. There is a cruel hint at mercy for the Guantanamo Bay prisoners: File your papers, but tell your family to abandon hope. You aren't going anywhere anytime soon.

http://www.alternet.org/rights/19097/