Category Archives: Jose Padilla
John Yoo, the former Justice Department attorney and author of several controversial legal opinions including the infamous “torture memo,” continues to live in a state of denial.
In an op-ed published Saturday in the Wall Street Journal, Yoo attempted to defend a handful of legal opinions he drafted in the aftermath of 9/11 that one colleague described as “either incorrect or highly questionable” and another colleague said was “sloppily reasoned.”
Yoo complained that his brief comments about waiving the First Amendment in a highly controversial Oct. 23, 2001 legal opinion released earlier this week were taken out of context by the news media.
“In portraying our answer [regarding Bush’s right to ignore the Fourth Amendment], the media has quoted a single out-of-context sentence from our analysis: ‘First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.’”
Yoo said his point was simply to highlight a past judicial opinion about the inherent powers of the President at a time of war. However, the First Amendment line in the memo could have become the legal basis for the Bush administration to take action against or interfere with journalists investigating the government’s behavior or citizens protesting Bush’s war policies.
How Yoo justifies his pov on the various amendments in our Bill of Rights and torture amazes me. That he attempts now to paint himself as a victim just chaps my hide. As Jason notes, Yoo used his OpEd as an opportunity to go after President Obama for releasing the confidential memos stating Obama released the memo’s to ‘appease the anti-war base’, which evidently is not the case. They were released in response to a lawsuit filed by Jose Padilla, which btw, the Obama DOJ is representing John Yoo on.
Talk about friggin irony…
Everyone is reporting tonight that King George will nominate a non-neocon Jurist for the next Attorney General Monday morning. Lets review one of the most important cases he sat on in the recent past, that of..Jose Padilla..and see how he comes through it. One of the mentions I have frequently read about Mukasey this evening is that he is a specialist in national security cases, and he believes in the ‘rule of law’..From Glen Greenwald’s Salon.com column:
Judge Mukasey repeatedly defied the demands of the Bush administration, ruled against them, excoriated them on multiple occasions for failing to comply with his legally issued orders, and ruled that Padilla was entitled to contest the factual claims of the government and to have access to lawyers. He issued these rulings in 2002 and 2003, when virtually nobody was defying the Bush administration on anything, let alone on assertions of executive power to combat the Terrorists. And he made these rulings in the face of what was became the standard Bush claim that unless there was complete acquiescence to all claimed powers by the President, a Terrorist attack would occur and the blood would be on the hands of those who impeded the President.
In demanding that Padilla be denied access to lawyers, the Bush administration argued that access to counsel would destroy its ability to interrogate Padilla, and that “enemy combatants” had no such rights. Mukasey emphatically rejected both contentions, concluding in his first decision (.pdf) in December, 2002:
Even giving substantial weight, as I do, to the President’s statement in the June 9 Order that Padilla is “a continuing, present and grave danger to the national security of the United States” and that his detention “is necessary to prevent him from siding with al Qaeda in its efforts to attack the United States,” there has been no fact presented to me that shows that the source of that danger is the possibility that Padilla will transmit information to others through his lawyers. By contrast, Padilla’s statutorily granted right to present facts to the court in connection with this petition will be destroyed utterly if he is not allowed to consult with counsel. On the facts presented in this case, the balance weighs heavily in Padilla’s favor.
The rule of law is a very powerful thing..even with an Asshat like Bush in the Oval office. Mukasey is a conservative, no doubting that..but will he be beholden to BushCo when he comes nose to nose with him over an issue that Alberto Gonzales would of undeniably given in to his BFF Bush about? Mukasey thinks all the ‘hullabaloo’ about the Patriot Act is for the most part..nonsense..We shall see my dear reader..we shall see.
Greenwald’s article is a good one..I suggest you take a few moments and read it if you want to know about the ‘new’ AG that King George is going to nominate according to several wire services this Sunday evening.
Per MSNBC: Jose Padilla was convicted of federal terrorism support charges Thursday after being held for 3 1/2 years as an enemy combatant in a case that came to symbolize the Bush administration’s zeal to stop homegrown terror.
Padilla and co-defendants Adham Amin Hassoun and Kifah Wael Jayyousi face life in prison because they were convicted of conspiracy to murder, kidnap and maim people overseas. All three were also convicted of two terrorism material support counts that carry potential 15-year sentences each.
The Jurist: A federal jury found Jose Padilla and his two co-defendants guilty Thursday on all charges against them. Padilla, Adham Amin Hassoun, and Kifah Wael Jayyousi were convicted of conspiracy to commit illegal violent acts outside the US, conspiracy to provide material support to terrorists, and providing material support to terrorists. They face a maximum penalty of life imprisonment.
Padilla, a US citizen, was arrested in 2002 at Chicago’s O’Hare International Airport and subsequently detained as an “enemy combatant” at a Navy military brig in Charleston, South Carolina.
Initially accused of planning to set off a “dirty bomb” in the United States, Padilla went from enemy combatant to criminal defendant when he was finally charged with other offenses in November 2005. Padilla was transferred to civilian custody in January 2006 and has pleaded not guilty to the charges.