Dan wrote:

> In conclusion, when I was talking about precedents, I was not thinking  
> about justifying Bush's actions.  They were so ham-handed that even  
> someone who
> would support similar powers for the Commander-in-Chief would tend to  
> oppose what Bush actually did.  What I was talking about was the legal  
> framework in which the other two branches of government were operating  
> in...and why
> simple condemnation of their actions as weak and unprecedented doesn't
> really fit our history...and does not provide a good understanding of the
> dynamics.

I simply disagree.  Our government was designed to separate powers.  In  
this instance not only are they not separate, they augment the power of  
the president.  If we were threatened as we were during the Civil War and  
to a lesser extent WWII, there might be some justification for these  
extraordinary measures, but we have not had this kind of emergency.  A  
large number of people died on 911, but neither our government nor our way  
of life was threatened.

By the way, Padilla was arrested in Chicago and has been in prison much  
longer than anyone was during the civil war.  Far from being someone that  
could carry out a plot to detonate a "dirty" bomb, he's an ex gang banger  
and taco bell employee that probably has problems with the logistics of  
putting his pants on.  It's really difficult to understand why the Bush  
administration held this guy as an "enemy combatant" unless it was to  
serve as some sort of test case to see if they could get away with this  
kind of detention.

One other thing.  I desperately hope I'm wrong about this, but I'm not so  
sure that those now in power in the White House are willing to give it  
up.  It wouldn't surprise me at all if very little changes after the next  
presidential election; I'm not sure how they'll do it, but I'm certain  
that they have a very low regard for the political ideals most of us hold  
dear, and that maintenance of their hold on power is desperately important  
to them.

With luck, I'm way off track here, and you'll be able to forget this post  
altogether, but I'm very fearful that I am not.

Doug

"When fascism comes to America, it will be wrapped in the flag and  
carrying a cross."  Sinclair Lewis
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