Only eighteen months after being detained as an "enemy combatant" by our ruling proconsuls, Ashcroft and Rumsfeld, Jose Padilla has been delivered (some of) his Constitutional rights as an American citizen on American soil by a three-judge panel of the Second Circuit Court in New York City (NYT front-page story).
A few comments. First, this was a close one: The ruling was only 2-1, so as a nation we were actually one swing judge away from Absolute Executive Power. If the Executive had indeed been granted "enemy combatant designation" discretion by the judiciary, the last check on its authority would have been removed. Of course, we are not out of the woods yet - a further appeal of this ruling, by Proconsul Ashcroft, seems likely.
Second, the court said nothing about Ashcroft's abuse of the material witness statues - under his interpretation, which has actually been affirmed by a panel of the Third Circuit, any "material witness" (so designated by him) may be held indefinitely without rights of habeas corpus. We will not be free until this perversion, also, is reversed.
Third, the court said nothing about the other enemy combatant-American citizen, Yaser Esam Hamdi. Since he was captured in Afghanistan, apparently, the provisions of the Constitution may not apply. Does this disturb anyone?
Finally, it has taken 557 days for Jose to get his rights. Too long; and let us remember, he has not seen a lawyer - or been released from military to civil detention - as yet.
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