Lawyers finally speak
The American Bar Association finally this week spoke out in defense of American citizens nabbed by the government and labeled “enemy combatants.” Now it is up to Congress to heed the ABA’s suggestion that standards be set for detentions. The U.S. Justice Department in its zeal to catch terrorists has cut off the rights of American citizens to speak with attorneys and have their cases proven in court. Attorney General John Ashcroft believes he can detain indefinitely anyone deemed an enemy without ever having to prove a case. This practice is decidedly un-American. But in the burst of patriotism following Sept. 11 and the fear that terrorists walk among us, it became unpopular to speak for caution. Congress hastily passed the Patriots Act that grants government more power and its citizens fewer rights.
Only two Americans are known to be held as enemy combatants: Jose Padilla, a former Chicago gang member suspected of plotting to detonate a “dirty” bomb, although no components were found, and Yasser Esam Hamdi, a native of Louisiana who was captured in Afghanistan.
Most likely both men were up to no good. But they are American citizens and enjoy the rights guaranteed under the U.S. Constitution. They should be allowed to see attorneys and to challenge their imprisonment in court. The government believes they are not entitled to traditional civil rights, yet it has failed to demonstrate the need – or adopt a process – to strip citizens of those rights.
Congress needs to listen to the wise counsel of the nation’s lawyers, then step in and determine that process.