Jewish World Review March 14, 2003 / 10 Adar II, 5763

Dan Abrams

Abrams
JWR's Pundits
World Editorial
Cartoon Showcase

Mallard Fillmore

Michael Barone
Mona Charen
Linda Chavez
Ann Coulter
Greg Crosby
Larry Elder
Don Feder
Suzanne Fields
James Glassman
Paul Greenberg
Bob Greene
Betsy Hart
Nat Hentoff
David Horowitz
Marianne Jennings
Michael Kelly
Mort Kondracke
Ch. Krauthammer
Lawrence Kudlow
Dr. Laura
John Leo
Michelle Malkin
Jackie Mason
Chris Matthews
Michael Medved
MUGGER
Kathleen Parker
Wes Pruden
Sam Schulman
Amity Shlaes
Roger Simon
Tony Snow
Thomas Sowell
Cal Thomas
Jonathan S. Tobin
Ben Wattenberg
George Will
Bruce Williams
Walter Williams
Mort Zuckerman

Consumer Reports


An exception to my "be extra tough on terrorists" rule


http://www.NewsAndOpinion.com | The authorities have said he was plotting to set off a radiological bomb and that as an "enemy combatant," he has no right to consult with counsel, even to challenge his status.

People know that when it comes to the war on terror, detaining suspects, pursuing al Qaeda members, and questioning those in custody - I almost always side with the government. In this new world, I'm willing to let the authorities do what they must to prevent another attack.

But this case is different, and so far it's the only case of its kind.

A U.S. citizen arrested on U.S. soil, declared an enemy combatant and denied any rights afforded to other defendants. This is not like the case of Yasser Hamdi, the American citizen captured in Afghanistan, fighting for the Taliban. He was in battle on foreign soil and a federal court of appeals, I think correctly, ruled he can be held without seeing a lawyer, the same way the rest of the detainees at Guantanamo Bay have no right to council. Remember, Padilla may ultimately have no right to a lawyer, no right to a trial if a court finds that he can be held as an "enemy combatant."

And in the meantime, the judge will ensure that special protections are in place to prevent him from using his lawyer for some nefarious purposes.

But before that final determination is made, any American citizen, arrested on American soil, who's already been in custody for seven months, should at least be able to make his case to a lawyer.

Enjoy this writer's work? Why not sign-up for the daily JWR update. It's free. Just click here.




JWR contributor Dan Abrams anchors “The Abrams Report,” Monday through Friday from 6-7 p.m. ET on MSNBC TV. He also covers legal stories for “NBC Nightly News with Tom Brokaw,” “Today” and “Dateline NBC.” To visit his website, click here. Comment by clicking here.

Up

03/13/03: Whiner Assad still doesn't get it
03/11/03: What a new deadline for Iraq should really mean
03/10/03: The dishonest arguments against war with Iraq
03/07/03: On Iraq, the administration seems undeterred. It seems, there is no other way out
03/05/03: The so-called human shields in Iraq, now coming back from Fantasyland
03/04/03: Michigan backing off of mandatory minimum sentences for certain drug crimes
03/03/03: Why military tribunals could be the best optione of defining them as military
02/28/03: Is prez signaling a return to the American Bar Association ratings for prospective judicial candidates?
02/26/03: And now the "don't-blame-me" attitude is extending to mass deaths
02/10/03: Avoid politicizing the shuttle disaster
01/29/03: A litany of violations? That Saddam has not disarmed is already a given
01/23/03: Why the feds should not give up on the prosecution of alleged 20th hijacker in a federal court
01/22/03: What was Powell thinking?
01/21/03: Human rights groups still don't get it when it comes to the new war on terror
01/16/03: Yet another reason why we shouldn't trust the Saudis
01/13/03: Why the administration should share intelligence with U.N. inspectors
01/10/03: From a special punishment to a garden variety one
01/08/03: Should victims of a terror attack sue the city?
01/06/03: The "Jackpot Jury" syndrome continues
12/30/02: It's the holidays, let me order my wine!
12/20/02: The judge who dropped the ball in the battle over who owns Barry Bonds' 73rd home run ball, valued at nearly $2 million
12/19/02: Requiring Pakistani and Saudi male visitors to register with the INS
12/18/02: Why many seem to misunderstand Iraq's international obligations
12/17/02: Shouldn't there be a standard for what would trigger a war with Iraq?
12/13/02: Judge Rose by what he did on the field
12/12/02: Manhattan prosecutors making a mistake in the Central Park jogger case
12/11/02: Why our government refuses to fully cooperate in the prosecution of a possible 9/11 conspirator
12/10/02: Hezbollah, not a terrorist organization, says Canada
12/09/02: The world's cynical view of America
12/04/02: Why we need to stop electing judges
11/27/02: Why men should be able to sue women who lie about who's the daddy
11/26/02: Training lawyers to be touchy-feely
11/25/02: The story of a real American hero
11/22/02: In Illinois, academics lawyers, judges hurting their pro-life cause
11/15/02: A close reading of Iraq's letter of acceptance makes it clear that Saddam will almost certainly refuse to live up to its terms
11/14/02: Al Jazeera: A state-sponsored mouth-piece
11/13/02: Should Moussaoui be sent to a military tribunal?
11/12/02: Should human rights activists complain about the detainees' treatment?

© 2002, MSNBC