Wouldn’t the KGB Be Proud of John Ashcroft?

In what way, other than (thank goodness) the size of the prison population, is it wrong to call the incarceration and intentional breaking of Jose Padilla an American Gulag?

So far, I can think of only one other: that eventually — far too late? — the courts probably would have forced his release into the general prison population, and the fear of this outcome forced the government’s hand. But by then the damage seems to have been done.

Perhaps that’s enough for the long run. But perhaps not.

And, by the way, that case isn’t looking so great, is it?

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2 Responses to Wouldn’t the KGB Be Proud of John Ashcroft?

  1. MinorRipper says:

    Great post–not sure if you’ve seen these videos of our military in Iraq…pretty amazing stuff

  2. Patrick (G) says:

    Further, Ms. Pearlstein noted, the government has reserved the option, should the prosecution fail, of returning Mr. Padilla to the military brig. This, she said, “casts a shadow” over the current prosecution.

    That’s an interesting option: belatedly prosecute a civilian citizen, lose the (incredulously weak) case, but reserve the right to lock him (back) up anyway in a military prison.

    Essentially, the executive branch is signalling to the Court that this trial is for show only. Any Judge willing to accept that isn’t worth his robes.

    What are the Judicial Branch’s options when the executive branch acts like a scofflaw ?


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