Tuesday, January 29, 2008

Padilla And The Bush Administration: Paul Craig Roberts

Right kiddywinks, holipegs over back to doing a bit of blogging.

First up Paul Craig Roberts looks at the Trial of Jose Padilla and some of the laws and injustices that surrounded the case.

You may think you have read all there is to read about this abomination but you haven't and Roberts is worthy scribbler and takes a look at what Padilla was tried for; thought crimes, no more no less.

Padilla trial highlights Bush Administration's manipulation of justice

........Padilla was convicted on all counts. In handing down a 17-year sentence, US District Judge Marcia Cooke denied the prosecutors’ request for a life sentence and observed: “There is no evidence that these defendants personally maimed, kidnapped or killed anyone in the United States or elsewhere.”

Under Blackstonian law, the basis of the US Constitution, the Padilla case has no crime and no intent to commit a crime. Judge Cooke vaguely recognized this, but US law has been pushed off its Blackstonian basis and is being reconstructed on a Benthamite basis.

Benthamite law is the great ally of tyranny. It permits people to be arrested on the suspicion that they might commit a crime in the future, to be tortured, and to be held indefinitely. In other words, suspicion leads to imprisonment without the check of warrant, judge, trial or jury.

This is the law that the Padilla case has given us. Padilla, an American citizen, was denied habeas corpus, tortured, and convicted of the Benthamite crime of being suspected of possibly committing a real crime in the future. The fact that judge and jury went along with the Benthamite proceeding shows that Benthamite justice can operate within the old Blackstonian process.more

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