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Why Padilla is Not Irrelevant to You and Me

TChris has an excellent post on Attorney General Gonzales' comment on Jose Padilla.

How does Attorney General Gonzalez explain the administration's change of heart? He claims the administration's decision to hold Padilla for more than three years, first as a material witness and then as an uncharged "enemy combatant," as well as the administration's previous accusations of wrongdoing, are "legally irrelevant to the charges we're bringing today."

Lawyer Glenn Greenwald powerfully explains how the Padilla decision represents the true tyranny of the executive branch. He also ties the power grab into the upcoming Alito hearings.

The decision yesterday by the Administration to finally bring charges against U.S. citizen Jose Padilla -- who has been kept incarcerated in a military prison for three years solely on George Bush's order, in solitary confinement and indefinitely -- was done not in order to signal a retreat by the Administration with regard to its claimed right to imprison U.S. citizens without any judicial processes, but instead, to protect and solidify that power by ensuring that its patent unconstitutionality cannot be ruled upon by the U.S. Supreme Court in the pending Padilla case.

Almost certainly, the Administration wants to have its claimed power to unilaterally and indefinitely imprison U.S. citizens endorsed by the Supreme Court only once the highly deferential Sam Alito has replaced Sandra Day O'Connor, and a majority of the Court is safely comprised of a majority of justices with an almost absolutist reverence for unchecked Executive power.

For more on the Padilla power grab: Reddhed at Firedoglake; Yale Law Prof Jack Balkin;

Even conservative newspapers recognize the threat. As the Rocky Mountain News opined today:

it's a disgrace that the government waited so long to issue an indictment - and only then, apparently, to protect its policies from a possible setback in the Supreme Court.

More critical editorials and commentary: The Mercury News; the