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Judge Blasts Government Stall Tactics in Padilla

The Judge in the case of detained "dirty bomb" suspect Jose Padilla blasted Government lawyers yesterday for creating more obstacles to Padilla's lawyers' ability to meet with him.

The Government has contended that Padilla is an "enemy combatant" and not entitled to meet with counsel. Padilla's lawyers contend he is not a terrorist and has no information to provide the Government.

On December 4, Judge Michael Mukasey ordered the Government to allow Padilla to meet with his lawyers. He ruled that Padilla had the right to bring a habeas corpus petition to challenge his detention. The challenge will be limited to the issues of whether the Government had some evidence to support its finding that Padilla was an enemy combatant, and whether events subsequent to his detention rendered that evidence irrelevant.

Despite the Court's Order, the Government still has not allowed Padilla to meet with his counsel. At the hearing today, the Government said allowing such a meeting would jeopardize national security. The Judge didn't buy it and neither do we.

We don't see how allowing Mr. Padilla to meet with his lawyers and have a hearing on the legality of his continued detention is a threat to national security. On the other hand, keeping Padilla in indefinite detention without charges, without access to counsel and without an opportunity to be heard is a threat to the Bill of Rights and the civil liberties of all Americans.

The matter was continued until January 29.

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