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.
See, I've tried to avid political rants lately because they always get feathers ruffled. And for the most part, these things are ideological and unchanging. However, this is another issue I just can't stay away from.
The Federal Appeals Court has ruled that the Jose Padilla could be held for as long as the gov't wants without trial. He's a US citizen arrested inside the US. They say he's an "enemy combatant" and that he trained with al Qaeda. He's been held for 3 years now. Maybe he is, maybe he isn't. I don't really know, or particularly care.
The fact of the matter is that this ruling is in DIRECT violation of the 6th amendment. And at least some portion of the 5th. He has rights as a citizen that have to be upheld. If he's a terrorist, put him on fucking trial. Why don't they? Because they know that either the evidence against him won't hold up, or they want to maintain the secrecy of the techniques involved.
OK, let’s look at case A. The case doesn’t hold up. I’m sorry. Civil liberties are a bitch that way. I’d rather have them then not and I’m willing to accept the risk. IF you think he’s guilty, get the proof. These guys aren’t brain surgeons. It shouldn’t be too hard to prove the links, arrest him and put him on trial.
Case B is that the evidence is top secret. I can respect their point here, but there are ways to deal with this. They’ve used them in the past when evidence was classified. Get a classified jury, with a classified judge and some classified lawyers and let them go at it. Maybe that means it has to be a military tribunal or some such. Whatever.
The man is a US citizen. Regardless of his crimes, he deserves a fucking trial. The Bill of Rights says we can’t deny him. Fucking Bullshit.
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