Re: Fifth and Sixth Amendment Rights

From: Mike Lorrey (mlorrey@yahoo.com)
Date: Tue Jan 21 2003 - 11:11:35 MST


--- Barbara Lamar <blamar@satx.rr.com> wrote:
>
> 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.

The only real problem I have with Mr Padilla's treatment is that
because he is an 'unlawful' combatant, it is rather obvious that he has
(or is suspected of having) therefore broken some law of combat. A
lawful combatant has no need of a lawyer only because s/he engaged in
combat in a lawful manner.

This being said, the laws Mr. Padilla broke are not civillian laws, of
which Ms. Newman is trained for, but military laws of warfare, for
which she is unqualified to represent Mr. Padilla.

Since this all makes Mr. Padilla a war criminal, and since generally
war criminals are not put on trial until after a war is concluded
*(unless they are summarily executed on or near the battlefield)*, it
makes sense that Mr. Padilla will only need a lawyer when and if war
crimes trials are held. In the meantime, holding him indefinitely as a
war criminal should only require that he is allowed visitation by the
Red Cross to ensure his fair treatment, until such time as we decide to
try him or summarily execute him (both options are legal under the
Geneva Conventions).

=====
Mike Lorrey
"Live Free or Die, Death is not the Worst of Evils."
                                                     - Gen. John Stark
"Pacifists are Objectively Pro-Fascist." - George Orwell
"Treason doth never Prosper. What is the Reason?
For if it Prosper, none Dare call it Treason..." - Ovid

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