On June 9, 2002, Jose Padilla (aka Abdullah Al Muhajir) wastransferred from control of the U.S. Department of Justice tomilitary control. Since that time, Padilla has been held in a Navybrig in South Carolina.
Padilla has not been charged with a crime and does not have accessto a lawyer in his detention. This is a clear violation of the Fifthand Sixth Amendments. Furthermore, it is a clear violation of thedemocratic traditions of the United States and the rest of the freeworld.
Padilla has been accused of plotting heinous acts of terrorism,particularly the detonation of a “dirty bomb.” Padilla has also beenaccused of conspiring with members of al-Qaeda and planning to scoutfor that terrorist organization, while using the benefits of his U.S.citizenship. President Bush has designated Padilla an “enemycombatant.” In all actuality, Padilla was arrested in the state ofIllinois. This classification is both deceitful and illegal. When oneperson, especially those in the public eye, is robbed of their civilliberties, it diminishes the basis of our Constitution – the Bill ofRights. Anyone remember “certain unalienable rights?” Life, libertyand the right to do whatever you damn well please seem to be vitalorgans of “The American Dream.”
These are frightening accusations, and they may be true.Accusations do not give the president the authority to lock someoneaway, however. According to the laws and traditions of the UnitedStates, the way to determine who gets imprisoned is through a trialby a jury. The current status Padilla has with the U.S. governmentgrants him the right to council. Under military law, Padilla couldexperience much greater response by way of government sentencing andincreased angles for the prosecution to move on. Imagine beingarrested for this type of war crime and not getting your phone call.
Sympathizing, yes. Saying we should set him free, not exactly. Ifthe guy is as guilty as President Bush finds him, there should not beany problem proving it. Just give him what he deserves – a phonecall, an attorney and a trial. It’s the American way, like “30percent more free, 24 hours and all you can eat.”
Jose Padilla may be a traitor and a terrorist. But he was notcaptured in Afghanistan, or even at a military base with a gun in hishand. He was arrested at Chicago’s O’Hare International Airport. IfJose Padilla can be held strictly on the whims of the Presidentwithout criminal charges, then any American can be. That is calledtyranny. We must put an end to it. Every day, civil liberties areundermined piece by piece with legislation such as the “Patriot” Act.If this happened to me, I would hope people wouldn’t let thisexperiment in political paranoia continue. Didn’t this country getenough of that during the Cold War? Yet, there continues to be a needfor racially profiling a new group of individuals once things finallyappear to settle.
It is essential Padilla be either freed or charged with a crime atthis point. No person should be deprived of life, liberty andproperty without the due process of law. We cannot keep trashing themost basic principles of citizenship in the United States and call it”American” or “patriotic.” That makes me feel horrible to be anAmerican. Citizens of the world see things the United States doesabroad, and that’s enough to dislike us. But when we treat our owncitizens this way, it exposes our true colors and continues to buildupon the foundation of foreign distrust.
– Jari Leischow is a sociology senior.
– This column does not necessarily reflect the opinion of TheDaily Aztec. Send e-mail to letters@thedailyaztec.com.Anonymous letters will not be printed – include your full name, majorand year in school.
