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According to Jenny Martinez - Stanford Univ Law Professor and a member of Jose Padilla's legal team - Padilla was charged to avoid Supreme Court review of his case. The Surpreme court was to consider his confinement - held indefinitely without formal charges filed. By filing criminal charges, the Bush admin hopes to avoid Supreme Court review by claiming the point is moot - the mootness doctrine. But, she says, as they have done in the past, if they don't like the way the trial proceeds, the Bush admin can simply pull the plug, cite his enemy combatant status, and lock him away without the right to a trial.
Padilla is a US citizen.
Martinez cites other cases in which the defendant was allegedly told to plead guilty or be charged as an enemy combatant.
Can you think of anything more un-american than this?
Listen to the audio "Padilla Charged", from Nov 23rd, 2005.
http://www.pbs.org/newshour/newshour_index.html
Padilla is a US citizen.
Martinez cites other cases in which the defendant was allegedly told to plead guilty or be charged as an enemy combatant.
Can you think of anything more un-american than this?
Listen to the audio "Padilla Charged", from Nov 23rd, 2005.
http://www.pbs.org/newshour/newshour_index.html
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