Nov. 04, 2003 - 19:54 MST

THE WONDERING JEW

Common Sense

A short editorial in this morning's Rocky Mountain News - "Court should provide some clarity"

"The Supreme Court has an opportunity to state that national security trumps civil liberties and due process in only rare and narrow circumstances."

"The court should agree to hear two cases headed its way from the federal circuit courts. One is an appeal on behalf of two Brits, two Australians and 12 Kuwatis captured in Afghanistan and Pakistan almost two years ago and since held at Guantanamo Bay."

"The administration asserts the right to hold them indefinitely, without charge or revision, and with no right of recourse under U.S. or international law. The administration was backed by a federal judge who ruled that Guantanamo was outside the jurisdiction of U.S. courts beause TECHNICALLY it is not U.S. territory, even though it has been under our total control for the last 100 years."

The court should bring some ground rules to this legal limbo. There may be grounds for holding some of these detainees indefinitely but NOT on the executive branch's UNCONTESTED AND UNEXAMINED SAY-SO.

A more troubling case is that of Jose Padilla, a petty criminal born in the United States. Padilla dallied with al-Qaida and, according to the Justice Department, planned a "dirty bomb" attack in the U.S. But neither of these accusations has been examined becase Padilla has been held incommunicado in a Navy brig -- without lawer, judge or charge -- since May 2002."

"If U.S. citizenship means anything, it means the right to a lawyer, the right to be brought before a judge and the right to contest the charges. The Fifth Amendment is clear on this, and the Supreme Court should concur."

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The Bolds, Underlines, Caps and Italics are mine.

A federal judge ruled that Guantanamo was outside the jurisdiction of U.S. courts. That takes the cake to my mind. If his ruling is true, what right do we have to hold anyone incommunicado in another land ? My idea is, whether they are citizens of the United States or not, they should have access to lawyers, fair judges, courts and be for God's sake charged and supporting evidence brought to light, if there is any. Seems to me that since 9-11 we have been in a paranoid never-never land and are not paying much attention even now. Looks to me as if some modicum of fair and decent logic should take over here, a bit of Common Sense . . . . . . . . .

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