Dan Abrams
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.
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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.
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