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One by one the Amendments to the U.S. Constitution are at the 
mercy of the Emperor.

-------- Original Message --------
Subject: [EMMAS] Bush seeks 'enemy' label for U.S. citizen
Date: 21 Nov 2003 12:15:57 -0600
From: cherie@cs.pdx.edu

See also:
http://www.informationclearinghouse.info/article5246.htm
Jose Padilla is you.
>>5th Amendment to U.S. Constitution
No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any person be subject for
the same offense to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor
shall private property be taken for public use, without just compensation.<<
========
 http://www.informationclearinghouse.info/article5239.htm
Bush seeks ' enemy' label for U.S. citizen
By Larry Neumeister

11/18/03: (ASSOCIATED PRESS) - NEW YORK - A federal appeals judge said
Monday it would be "a sea change" in the Constitution to allow the Bush
administration to designate a U.S. citizen suspected in an alleged dirty
bomb plot as an "enemy combatant."

In a critical showdown between the government and civil rights lawyers, two
members of a three-judge federal panel seemed hesitant to embrace the
government's reasoning for why Jose Padilla, 33, should be held indefinitely
without access to a lawyer and without being charged.

Padilla, a Muslim, is accused of plotting with al-Qaida to detonate a "dirty
bomb," which uses conventional explosives to disperse radioactive materials.
The former Chicago gang member was taken into custody in May 2002, and has
spent most of the time since then in a naval brig in Charleston, S.C.

In the two-hour hearing before the appeals panel Monday, Deputy Solicitor
General Paul D. Clement suggested that the urgency of the war against
terrorism necessitated such moves.

"Al-Qaida made the battlefields the United States, and they've given every
indication they're trying to make the United States the battlefield again,"
he said.

The hearing marked the first time a U.S. government official has said a
limited number of enemy combatants could eventually have access to an
attorney. Clement told the judges that combatants such as Padilla, a U.S.
citizen being held on U.S. soil, could get a lawyer once their value as
intelligence sources has been exhausted.

But Judge Barrington D. Parker Jr. said he believed the power to designate a
U.S. citizen as an enemy combatant rested with Congress, rather than the
president.

Giving such power to the executive branch with only limited review by the
courts, he said, would be "a sea change in the constitutional life of this
country and ... unprecedented in civilized society."

Said Judge Rosemary S. Pooler, another member of the panel: "If, in fact,
the battlefield is the United States, I think Congress has to say that, and
I don't think they have yet." Later, she added, "As terrible as 9/11 was, it
didn't repeal the Constitution."

Specifically, the government was asking the court to overturn a finding by
U.S. District Court Chief Judge Michael Mukasey that Padilla is entitled to
meet with his lawyers and contest being designated as an enemy combatant.

Jenny Martinez, a Stanford Law School professor who argued on Padilla's
behalf, said the government believed it could designate anyone, even a
citizen, an enemy combatant at any time.

"This new power government is looking for is entirely unprecedented," she
said.

The third judge on the panel, Richard C. Wesley, suggested the case
shouldn't have been brought in Manhattan. "This should be litigated in South
Carolina," Wesley snapped.

The judges weren't expected to issue their ruling for weeks if not longer.
While two of three judges expressed doubts about the government's arguments,
they could still opt to refer the case to another court, as Wesley
suggested.

Padilla was arrested at Chicago's O'Hare airport as he returned from
Pakistan. The government said he had proposed to Abu Zubaydah, then
al-Qaida's top terrorism coordinator, to steal radioactive material to
detonate a dirty bomb in the United States.

Only two other people have been designated enemy combatants since the 2001
terrorist attacks: Ali Saleh Kahlah Al-Marri, a citizen of Qatar who has
been accused of being an al-Qaida sleeper agent, and Esam Hamdi, a Louisiana
native captured during the fighting in Afghanistan.

=========
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