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Habeas Corpus for Jose Padilla

Jose Padilla has once again obtained a writ of Habeas Corpus, and Donald Rumsfeld has been given another 45 days to produce the body. DOGSPOT has archived the recent decision by Judge Henry Floyd of South Carolina as a text file, along with related documents.

Donald Rumsfeld, "You Have the Body"

"Habeas Corpus" means "You Have the Body" in Latin. The legal concept dates back to the 7th century AD, as the keystone of the Magna Carta.

In today's legal practice, Habeas Corpus is translated more loosely as "You hold the body" or "Produce the the body that you are holding".

In legal textbooks it is defined as:

a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order.
To date, this has not happened in the case of Padilla v. Rumsfeld.

The government has also failed to comply to current interpretation of the federal laws for the procedure of holding a prisoner.

Writing for a unanimous panel, Judge Beezer grounded his mandamus in Federal Rules of Criminal Procedure 10 and 43(a), but not in the Constitution: “Under Rule 43, the defendant must be present at arraignment. Under Rule 10, the arraignment must take place in open court. We hold that these rules together require that the district court must arraign the accused face-to-face with the accused physically present in the courtroom.?

from a study of court procedures at
Kent Law School

According to the recent finding by Judge Henry Floyd in CIVIL ACTION NO. 2:04-2221-26AJ, the government has not proven any reason to make an exception to standard procedure in the Padilla case. To deny Padilla the right of Habeas Corpus would also be a violation of the Non-Detention Act of 1971, which Floyd cited in his decision. But he has allowed the government 45 days to comply, which is unusual: especially for Padilla, originally detained on May 8, 2002 as a material witness. The military literally kidnapped him the night before his arraignment in Chicago, which was scheduled for June 9, 2002. Floyd also includes the history of Padilla's detainment as part of his decision.

While Jim Ashcroft was attorney general, 1250 american citizens were arbitrarily detained.

At least 11 of them have disappeared.

700 are being detained with no explanation.

Unlike the others, Padilla was visible.
The recent decision in his case is a historical document that insists on being read.

a detailed study of this case, along with court transcripts is available at
Wiggin and Dana

David Roknich

DOGSPOT

 
 


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