Tuesday :: Mar 1, 2005

Bush Administration Bitch-Slapped Over Jose Padilla—by one of Bush’s Judges


by paradox

Jose Padilla was alleged to be a terrorist, planning to build a “dirty bomb.” The Bush administration designated him an “enemy combatant” and have held him indefinitely with no charge.

In one of the most cowardly, blatantly political moves by the Supreme Court since Bush vs. Gore, the Supreme Court punted on this decision last term 5-4, saying that Padilla had incorrect standing to bring the case. The only reason they did this was to save Bush embarrassment in an election year, so the case was ruled on yesterday by the thirteenth judicial court in South Carolina.

Henry F. Floyd, appointed by George W. Bush, bitch-slapped the Bush administration by giving Padilla a writ of habeas corpus.

“Certainly [the Government] does not intend to argue here that just because the President states that [Padilla's] detention is "consistent with the laws of the United States . . " that makes it so. Not only is such a statement in direct contravention to the well settled separation of powers doctrine, it is simply not the law. Moreover, such a statement is deeply troubling. If such a position were ever adopted by the courts, it would totally eviscerate the limits placed on Presidential authority to protect the citizenry's individual liberties.”

It gets better:

“For the Court to find for [the Government] would also be to engage in judicial activism. This Court sits to interpret the law as it is and not as the Court might wish it to be.”

“Judicial Activism,” of course, is precisely the term Republicans have railed against in “liberal” judges.

One wonders if the Justice Department will really be so foolish as to appeal. The Padilla case is one of the most embarrassing, disgraceful Executive Branch tricks in the entire Republic’s history, and it is an outrage the assholes ever contemplated it, let alone actually going ahead and doing it.

NO citizen is ever held in this country without being charged, and the idea that the law is just what the President says it is goes against everything this country stands for.

Thanks to NewDem of The Daily Kos for the links and the heads-up.

paradox :: 3:03 PM :: Comments (23) :: Digg It!