Tuesday, March 01, 2005

White House: "Who Left This Petard in My Hoisting Spot?"

In 2003 U.S. Senator Lindsey Graham's office shipped out a press release that included the following quotes:

“I have known Henry Floyd for well over twenty years and have had the privilege to appear before him as a practicing attorney,” said Graham. “I am extremely confident in his abilities for this most important job. He will be a conservative judge who understands that his role is to interpret the law and not make the law. President Bush could not have selected a more qualified candidate or a better person.”

There's no report as to Graham's thoughts now after this news:

A federal judge ordered the Bush administration Monday to either charge terrorism suspect Jose Padilla with a crime or release him after more than 2½ years in custody.

In a sound rebuke to the Bush administration, U.S. District Judge Henry Floyd in Spartanburg, S.C., said the government cannot hold Padilla indefinitely as an “enemy combatant,” a designation President Bush gave him in 2002.

“The court finds that the president has no power, neither express nor implied, neither constitutional nor statutory, to hold petitioner as an enemy combatant,” Floyd wrote in a 23-page opinion that was a stern rebuke to the government. He gave the administration 45 days to take action.

Even better is this line, which gets cut by many web news outlets, including the one on Fox--big surprise:

Floyd, who was nominated to the court by Bush in May 2003, said that to agree with the president would "be to engage in judicial activism."

Couldn't have that now, could we?


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