Tuesday, June 12, 2007

4th US Circuit Says No to BushCo

Remember a time when a Republican complaint about criminals was that they just get to appeal and appeal and appeal? They certainly seem to think Scooter ought to appeal unless the President pardons first. Now it would be remiss to forget that BushCo went to the Supreme Court to get their military trials program thrown out - and replaced by the Republican abortion Military Commissions Act. A few days before the Supreme Court deadline for handing in their briefs George II tacked Jose Padilla's case onto an existing one. Apparently they do like to appeal.

Not to be left holding a bag of kaakaa the Administration now wants the entire panel of the US 4th Circuit to hear their appeal of the dismissal of their detention of Ali al-Marri, a legal US resident, held in solitary confinement at the Charleston SC Navy brig since June 2003. That would be four years in solitary without charges or hearings.

As AP reports, the 4th's decision was split 2-1 with the dissent of Bush appointee Judge Henry Hudson:



"Although al-Marri was not personally engaged in armed conflict with U.S. forces, he is the type of stealth warrior used by al-Qaeda to perpetrate terrorist acts against the United States," since BushCo said so and everybody knows they always know what they're doing and certainly wouldn't lie...



The majority opinion:

'Such detention "would have disastrous consequences for the Constitution _ and the country," Judge Diana G. Motz wrote in the majority opinion, which was joined by Judge Roger Gregory.'



"Put simply, the Constitution does not allow the President to order the military to seize civilians residing within the United States and then detain them indefinitely without criminal process, and this is so even if he calls them 'enemy combatants.'"



So what are we to make of this string of defeats? Maybe it's not a problem when bad guys appeal...

2 comments:

mbraymen said...

Does this dog hunt?

IF terrorism is "the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives."

AND a firearm could be used unlawfully to intimidate or coerce...

THEN anyone with a firearm that expresses a political opinion could be considered a "stealth warrior" and declared an enemy combatant.

Chuck Butcher said...

Um, that's true, but in reality, anybody the Prez wants to is gone. Don't forget, they don't have to prove anything to anybody about anything because you just disappeared - poof...