From
Yahoo:
Attorneys faced off in a federal appeals court Monday over whether the government can indefinitely detain a U.S. citizen, arrested on U.S. soil without charge, trial or access to a lawyer, in the name of national security.
At least one member of the three-judge panel from the 2nd Circuit Court of Appeals said he was concerned about the consequences of allowing the government to hold Jose Padilla without allowing him a court hearing.
That judge, or those judges, recognize the threat of unchecked executive power to "use all necessary and appropriate force against those" that Congress, in those heady, fearful first days after 9/11, authorized the President to employ. Ultimately, cooler heads must previal, if our country is to survive with any symbolance of its current aspect is to remain intact. I hope that the 2nd Circuit Court of Appeals will recognize the threat posed to our nation by giving the President the authority to detain anyone indefinitely without letting the detained see a lawyer or even know with what he or she has been charged, will tear up this little piece of improper legislation, and will set the precedent by declaring that Padilla must be afforded the rights granted to him under the Constitution, even if it means we run the risk of him going free!