RICHMOND, Va. , June 11, 2007
Court Rebuffs Bush On Enemy Combatants
Rules U.S. Can't Detain U.S. Resident Accused Of Terror Ties Without Charging Him
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Bush Gets Terror Setback
A federal court ruled against a key part of President Bush's anti-terror plan, saying that a legal U.S. resident suspected of terrorism could not be detained without charge. Wyatt Andrews reports.
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Alleged al Qaeda sleeper agent Ali Saleh Kahlah al-Marri has been held in solitary confinment in the Navy jail in Charleston, S.C., since June 2003. He is seen in booking photo at Peoria County, Ill., Sheriff's Office, Dec. 12, 2001. (GETTY)
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Enemy Combatant
A summary of Jose Padilla's alleged activities and his court proceedings.
The ruling bluntly tells President Bush he has gone too far arresting civilians as enemy combatants, reports CBS News correspondent Wyatt Andrews.
"To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them 'enemy combatants,' would have disastrous consequences for the constitution — and the country," the court panel said.
The decision has no legal bearing on detainees at Guantanamo, adds Andrews, but it is another hurdle for an adminstration that has yet to try a single enemy combatant. And it will add to demands in Congress to grant Guantanamo prisoners access to U.S. courts.
In the 2-1 decision, the 4th U.S. Circuit Court of Appeals panel found that the federal Military Commissions Act doesn't strip Ali al-Marri, a legal U.S. resident, of his constitutional rights to challenge his accusers in court. It ruled the government must release al-Marri from military detention.
"This ruling actually could – emphasis on could – do to the new Military Commissions Act what the Democratically controlled Congress has been thinking about doing for a few months now," says CBS News legal analyst Andrew Cohen, "which is to change the impact of the law to preclude it from taking away from resident aliens here in this country the right to challenge their detention or confinement in court."
Cohen added that the ruling doesn't mean the suspect will be freed.
"Like former enemy combatant Jose Padilla, al-Marri now likely is to be charged in federal court with various terror related charges and then we'll likely see a replay of the sorts of issues that only now are coming to light at Padilla's trial in Miami, mainly the difficultly in transferring a military case into a civilian one," said Cohen.
The government intends to ask the full 4th Circuit to hear the case, Justice Department spokesman Dean Boyd said.
"The President has made clear that he intends to use all available tools at his disposal to protect Americans from further al Qaeda attack, including the capture and detention of al Qaeda agents who enter our borders," Boyd said in a statement.
Al-Marri has been held in solitary confinement in the Navy brig in Charleston, S.C., since June 2003. The Qatar native has been detained since his December 2001 arrest at his home in Peoria, Ill., where he moved with his wife and five children a day before the Sept. 11, 2001, terrorist attacks to study for a master's degree at Bradley University.
"This is a landmark victory for the rule of law and a defeat for unchecked executive power," al-Marri's lawyer, Jonathan Hafetz, said in a statement. "It affirms the basic constitutional rights of all individuals — citizens and immigrants — in the United States."
© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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See all 129 CommentsAhhhh ... just amazing.
An entity of the American government has once again stood to defend the great Constitution of the United States of America.
And now we must identify everyone involved in the subversion of our Constitution, from Dictator Bush down, and justly accuse and try them for high treason according to the rules and laws set forth in our Constitution.
No, they won't be denied the rights they attempted to deny to all others, because this is America. Despite all the evil they have done, we will show the world that America once again stands for the rule of law, even when dealing with one of the most despicable forms of life imaginable, traitors to their own country and people.
ST
"Republicans are in a unique historical position. They are the first group of people raised on this land, who call themselves Americans, that openly proclaim the virtues of torture, secret prisons, extra judicial abduction, universal surveillance, and dictatorial government."
SearingTruth
A Future of the Brave - www.searingtruth.com
Seems like that is in that "quaint, outdated document" (Gonzales's decription of the US Constitution) or that "********* piece of paper" (Bush description of US Constitution) somewhere.
Too bad the courts are about 5 years too late. But, better late than never, I suppose. Unless you are one of those who killed himself after being tortured by Bush and his thugs.
Impeach Bush/Cheney on ground of treason!!!
Enough with the hokey pokey Mickey Mouse kangaroo court junk. It is totally UN-American and UN-Constitutional to deny anyone their rights and hide it behind make-believe names and "national security" claims.
Guilty of wearing a mullet. 30 years.
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
...
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
...
Excerpt from The Constitution of the United States of America.
My goodness gracious.
But haven't Bush, Cheney, and Gonzales claimed all executive, judicial, and legislative powers for themselves?
I specifically remember that during a recent Congressional hearing "Attorney General" Gonzales couldn't enumerate one, not even one, power that the President didn't have. Under further prodding he would only acknowledge that the President couldn't go out and personally murder someone.
Hmmmm...
Sounds like a whole lotta treason going on ...
What's say we stop it?
ST
"Republicans threw out the one tool we had that has naturally defeated our foes for over 225 years - The Constitution of the United States of America.
We need to restore it, despite all their objections."
SearingTruth
A Future of the Brave - www.searingtruth.com
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
The Constitution of the United States
No administration should have that kind of power.
- Posted by badaxmofo at 01:54 PM : Jun 11, 2007
Note that this clause appears in "Section 9 - Limits on Congress" in the U.S. Constitution. It follows "Section 8 - Powers of Congress."
What is being described is a power of Congress.
The Founding Fathers never dreamed of allowing the chief executive to arbitrarily tamper with American freedoms and rights. That would quickly lead to tyranny in America, as it did in Germany after the Reichstag Fire.
Only Congress could temporarily suspend Habeas Corpus.
The Constitution doesn't even allow competent Presidents to do that.
I thought it was John Stamos.
If it's either of those guys, then I'm for locking him up permanently.
"On April 27, 1861, habeas corpus was suspended by President Lincoln in Maryland and parts of midwestern states, including southern Indiana during the American Civil War. Lincoln did so in response to riots, local militia actions, and the threat that the border slave state of Maryland would secede from the Union, leaving the nation's capital, Washington, D.C., surrounded by hostile territory. Lincoln was also motivated by requests by generals to set up military courts to rein in "Copperheads" or Peace Democrats, and those in the Union who supported the Confederate cause. His action was challenged in court and overturned by the U.S. Circuit Court in Maryland (led by Supreme Court Chief Justice Roger B. Taney) in Ex Parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln ignored Taney's order. In the Confederacy, Jefferson Davis also suspended habeas corpus and imposed martial law. This was in part to maintain order and spur industrial growth in the South to compensate for the economic loss inflicted by its secession."
Sounds like lots of those detainees weren't even terrorists. Interesting. And you guys want to impeach the president for deatinaing one person on US soil. Get your facts straight.
FEAR NOT, when he disappears, and he WILL disappear, the FBI can call on his ACLU attorney to find out where he's vacationing on his big settlement for wrongful detention.
YOU can't win a war until everyone agrees who the enemy is.
By the looks of this guy he's definitely going to be praising our US Constitution to his associates when they get together for their CELEBRATION of HUMAN RIGHTS!??
The constitution does permit suspention of habeas corpus during inserection, which is the definition of civil war, so it was legal for Lincoln to suspend habeas corpus. However, after the was over habeas corpus was restored.
We are not currently under inserection.
White House security tightened!
Yet ANOTHER huge loss for our fascist dicktater...
Posted by JEGibbons at 02:51 PM : Jun 11, 2007
"Scary looking dude"?
He looks like Dennis Miller.
Maybe you should hide in your closet until your mommy gets home to protect you.
fortnerd
Ahhhh - the old "Johnny did it to" defense.
That's it?
Well, being a parent who has to deal with this one all the time, the answer is simple.
Any President who violates the Constitution, whether it be Lincoln, FDR, Nixon, Reagan, Clinton, the tooth fairy, or good ol' Dictator Bush, should be impeached and removed from office.
It's just another one of those silly American justice things.
Just imagine, if the few Presidents who have violated our Constitution in the past had been impeached and removed from office we wouldn't be in the situation we are today.
The American people, over generations, have allowed Presidents to commit crimes without punishment, and like any criminals, when they are not punished they usually carry on as usual, or worse. In Dictator Bush's case much, much, worse.
ST
"Who would say freedom is not free, with the price being freedom itself."
SearingTruth
A Future of the Brave - www.searingtruth.com
- Posted by fortnerd at 02:47 PM : Jun 11, 2007
If you check today's headlines, you'll find that the Courts have reversed themselves on this. "To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the President calls them 'enemy combatants,' would have disastrous consequences for the constitution %u2014 and the country," the court said in its opinion."
And I was talking about the U.S. Constitution.
Show me where it grants this power to the President.
P.S. fortnerd,
Andrew Jackson once shot a man to death for insulting his wife. If you ever stand trial for murder, be sure to mention that. I'm sure the judge and jury will be mightily impressed.
Wikipedia:"A rebellion is, in the most general sense, a refusal to accept authority. It may therefore be seen as encompassing a range of behaviours from civil disobedience to a violent organized attempt to destroy established authority."
Liberals just CAN'T get their facts straight. gwagener is another person that has their mind made up and doesn't want to be confused by the facts.
Well first you need to eliminate that nasty ole constitution, then you can detain whom ever the King says to detain.
I guess the end justifies the means.
How about if this guy is really guilty of a crime, what say we .... uh....actually charge him with a crime. What seems to be so hard about this./
If we were in Germany in 1943 or 1944 would you be saying that we should have all blindly continued following Hitler to our graves?
I wouldn't say my post was any kind of defense. Merely a comparison between someone who is considered one of our greatest presidents and acted in a similar manner to someone who is called a dictator. I'm fairly certain detaining one person in response to the global threat of terrorism is far less severe than detaining a few thousand people who sided with the South during the civil war.
- Posted by speakinup at 03:03 PM : Jun 11, 2007
No, Einstein, if a nuclear weapon were detonated in his home town, iceman wouldn't be saying much of anything afterwards.
The "mushroom cloud" threat worked so well for you guys in the run-up to the Iraq war, you think it will work now ? Think again. "Crying wolf" doesn't work after a while.
And I'm sure a lot of people like you didn't say a thing when, supposedly in response to such dangers and threats, Hitler took complete power in Germany.
Go re-read the Constitution. If Habeas Corpus needs TEMPORARY suspension, Congress can do it. Only Congress.
No Reichstag Fire / "Enabling Acts" in America. Not now, not ever.
So go get 'em fellow citizens!. And remember, you have the Constitution, and truth, on your side. You cannot be defeated.
ST
"The value of liberty was thus enhanced in our estimation by the difficulty of its attainment, and the worth of characters appreciated by the trial of adversity."
George Washington, letter to the people of South Carolina, Circa 1790
A Future of the Brave - www.searingtruth.com
==He looks like Dennis Miller.==
History will record that NO leftie loonie, Bush bashing, CRETIN was ever praisworthy for his/her inherent and astute perceptions on the human CHARACTER.
If you don't think he's scary, invite him as a fourth to join your threesome at your favorite private country club this weekend.
You TWO BIT PHONY!
Lincoln at one point wanted to arrest the Chief Justice of the Supreme Court for ruling contrary to his wishes.
In some ways Lincoln, a great president, was very authoritarian in a way that would be frightening nowadays.
This administration deserves to be impeached so badly, as a warning to others that would tear Ms. Liberty apart. But fear rules. In politics, government, religion, your home, your workplace. Fear is a very powerful tool and the mongrels of manipulation know that precisely.
George Bush invented a "war" and then declared himself to be a "war time president."
There is no valid comparison to be made between George Bush and any other president in US history.
George Bush has done more to undermine the US Constitution and rule of law than any person in history.
Arguing over the finer points of the law is a waste of time given the fact George Bush has demonstrated nothing but contempt for the law. He expressed his feelings about the US Constitution when he called it a "********* piece of paper."
Richard Nixon demonstrated similar contempt and would have been impeached had he not resigned. The crime he actually committed was not conspiracy to commit burglary and obstruction of justice, it was contempt for the US Constitution.
A crime George Bush commits every time he opens his mouth.
George Bush is the worst president in US history. And, deserves to be impeached far more than any president in US history.
Okay, you need to calm down and hide in your closet until your mommy gets home to protect you. It will be okay, just hide in the closet and put your head inside a pillow case so those scary terrorists can't see you.
Lincoln was personally agonized by the heavy weight of responsibility for peace and war that he felt on his shoulders, and once wrote of the presidency, "If there's a worse place than h*ell, I'm in it."
The goofy grinning Dubya couldn't care less, as is evident when he isn't giving mere lip service to those who have died because of his incompetence.
Bush has never made one unselfish sacrifice for his country. Not one. His whole life has been about the pursuit of wealth, political power and preferment. No one like that should come within a thousand yards of the Oval Office.
That's about right - since this president and his accomplices have brought nothing but "disastrous consequences for the constitution and the country." At least he's consistent. Consistently bad - but consistent...
Looking for clues, the police quickly found Marinus van der Lubbe, shirtless, inside the building. Van der Lubbe was a Dutch insurrectionist council communist and unemployed bricklayer who had recently arrived in Germany. Hitler used this as evidence that the communists were plotting against his government. That night Van der Lubbe and 4000 Communist leaders were arrested. Hitler forced President Hindenburg to pass an 'emergency decree' suspending all articles that guaranteed freedom and liberty. Hitler's police were then allowed to seize property and take people without any sort of trial. The death penalty was introduced again for many crimes and concentration camps were set up. The Nazis' twelve year terror over their opponents had started."
Source: Wikipedia
What do these liberals know about 'LOSS OF FREEDOM'?
Federal investigators first charged him with credit card fraud, but the U.S. government says agents later found evidence al-Marri had links to al Qaeda terrorists and he posed a threat to national security.
They claimed he trained at an al Qaeda camp and met with Osama bin Laden and suspected Sept. 11 mastermind Khalid Sheik Mohammed.
Now if the Iceman weren't in town, his little mouth could just prattle on and on speaking more nonsense, couldn't it - or do you never leave town ? And in fact, there are towns big enough to withstand the smallest nuclear weapons in this world.
But I do have to say that, IF one of the two of us is going to have to cry, I hope it is me over your loss when the Iranian Nuclear device is detonated in your town and not mine. I'd rather it were neither of us, but then I'm not the one saying the Iranians are just making more power for their Peace loving country - the country with more than enough oil to take care of power for the next millennium or two. The one that is so fundamentalist it doesn't respect foreign dignitaries' rights when it displeases them. Only a fool believes the Iranian nuclear story. Are you about to tell me you do ?
This is the very country that is giving arms to insurgents in Afghanistan (and Al Qaeda - you know - those fun loving guys that want to kill at least a million or two innocent US Civilians before they will be happy).
For your own sake - don't use other venues to be so public about your idiotic beliefs where yuo mmight be identified. You may reap something you really don't want - personal recognition.
And the Hitler analogy doesn%u2019t hold water %u2013 we vote in this country.
Bush does not speak for or you. This war is over oil.
First of all, Iran doesn't have the capability to deliver a weapon to this country. Unless of course they brought in through our porous border that Bush wants to leave open to anyone willing to cross over.
"And the Hitler analogy doesn't hold water: we vote in this country." Not with the "emergency dictator decree" that Bush created last week. He could suspend your voting rights at any time without notice if something "catastrophic" happened.
Regarding Iran you said: "This is the very country that is giving arms to insurgents in Afghanistan and Al Qaeda". Yet it was just announced this morning that the Iraqi's are arming the Sunni insurgents that have launched attacks against US troops. And the Iraqi's get the weapons from the Americans. We're providing our enemies with the tools to help kill our troops!!!!
The facts (e.g., 3500+ lives lost in Iraq, America's lost of honor and world prestige, having a court jester as Secretary of Defense, "Mission Accomplished," "Bring'em on") speak for themselves.
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