From: Harvey Newstrom (mail@HarveyNewstrom.com)
Date: Sun Jun 16 2002 - 18:34:13 MDT
On Sunday, June 16, 2002, at 06:31 pm, Mike Lorrey wrote:
> I think though that everyone is assuming that Padilla just was dragged
> off to military prison when he was arrested. This is not the case. He
> went before a civilian court, with his attorney, where the state
> presented the case that the proper venue for the case was a military
> tribunal, based on the evidence available, the amount of classified
> evidence involved, and the prior SCOTUS precedent. They judge agreed and
> the venue was changed.
Do you have any references for this, Mike? I can't find any news
stories that describe what you just related. All the stories I can find
say that Padilla has never seen a lawyer, was never allowed access to a
civilian court, and will never be arrested or charged with anything.
Where are you getting your version of the news?
<http://www.cnn.com/2002/LAW/06/11/prisoner.status/index.html> says:
- that Padilla "has not been charged with any crime"
- "may be held indefinitely without being charged until the
U.S.-declared war against terrorism ends."
- "U.S. authorities can interrogate the suspect in a more aggressive
fashion, and restrict his access to an attorney."
<http://www.cnn.com/2002/LAW/06/14/padilla.justice/index.html> says:
- "the Bush administration says the executive branch alone can decide
when a person qualifies as an enemy combatant."
- "In a closed-door meeting with congressional staffers, Justice
officials said President Bush made the decision to transfer Padilla to
military custody"
- "Justice Department staff told congressional officials that Padilla
would have "limited" access to an attorney to help determine the
question of whether he has rights in the civilian court system."
<http://www.cnn.com/2002/LAW/06/12/inv.padilla.hearing/index.html>
indicates that as of Wednesday, he still had not been allowed to see a
lawyer.
-- Harvey Newstrom, CISSP <www.HarveyNewstrom.com> Principal Security Consultant <www.Newstaff.com>
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