Again, Padilla may be a very bad person. The problem here is that there is no legal distinction between Mr. Padilla and you or me. As far as the courts are considered, the only distinction between Jose Padilla and George Paine is that Attorney General John Ashcroft says that Padilla is a bad man who must be kept in solitary confinement indefinitely. Mr. Ashcroft calls Padilla an "enemy combatant", despite the fact that he was detained on American soil by a law enforcement agency.
If the FBI decided to grab me at my local subway stop, as they did Mike Hawash, and call me a "terrorist" or "enemy combatant" then they could do the very same thing with me that they have done with Padilla. They could transfer me to the custody of the US Navy Shore Patrol or the US Army Military Police or the US Air Force Air Police and have me dissapear into a solitary confinement cell.
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posted by Eirixon at 1:44 AM on April 7, 2003