Fifth and Sixth Amendment Rights

From: Barbara Lamar (barbaralamar@sanmarcos.net)
Date: Mon Jan 20 2003 - 21:38:02 MST


The recent talk of war against oppression reminds me that there is a need
for U.S. citizens to be aware of possible dangers at home.

NPR's radio program THIS AMERICAN LIFE for January 10th was titled "Secret
Government" and included an interview with Jose Padilla's lawyer, Donna
Newman. Ms. Newman was informed that she was no longer Mr. Padilla's lawyer,
because Mr. Padilla had been classified as an "unlawful enemy combatant" and
moved to a military prison where he was being held indefinitely, despite the
fact that he had not been charged with any crime.

On behalf of her non-client, Ms. Newman filed a Petition for a Writ of
Habeas Corpus. You can read the Response and Motion to Dismiss filed by
George Bush, Donald Rumsfeld and John Ashcroft here:
http://news.findlaw.com/hdocs/docs/terrorism/padillabush82702grsp.pdf

One's first thought might be that there's no harm in George Bush having the
power to throw someone into prison without a trial, a lawyer, or even formal
charges. After all, as George Bush has stated, "[Jose Patilla] is a bad
guy." In fact, it appears that Jose Padilla probably *would* satisfy most
people's definition of a "bad guy." What bothers me, though, is that the
definition of "bad guy" has a way of changing over time.

Lest anyone accuse me of being a commie pinko because I listen to NPR, the
Cato Institute published the following with respect to the U.S. executive
branch's disregard of the U.S. Constitution:
http://www.cato.org/dailys/07-01-02.html

Barbara Lamar



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