|
The War Powers Debate
from the April 04, 2006 eNews issue
John Walker Lindh, Jose Padilla, Yaser Hamdi - all three are American-born young men who have demonstrated a willingness to fight America in the name of Islam. Yaser Hamdi and John Walker Lindh were both found fighting for the Taliban in Afghanistan, and Jose Padilla is accused of conspiring with terrorists and offering support to Al-Qaida.
Yaser Hamdi
Hamdi's case is perhaps the least shocking of the three - because he did not live in America as long as the others. While he was born in Louisiana, as a child he moved with his parents back to their native Saudi Arabia. He was captured with hundreds of surrendering Taliban fighters in November, 2001, after the US invasion of Afghanistan. After three years of being held as an "illegal enemy combatant" in the US, he was released to go live in Saudi Arabia, upon the condition that he renounce his US citizenship. He is also required to abide by certain travel restrictions that keep him from going to the United States, Israel, the West Bank and Gaza Strip, Syria, Iraq, Afghanistan, or Pakistan.
John Walker Lindh
Johnny Walker became famous - or infamous - as the young Californian man who converted to Islam and decided he wanted to join the Taliban. Walker was indicted by a federal grand jury in February 2002, four months after having been found with Taliban forces in Afghanistan. He pleaded guilty to two charges - of serving in the Taliban army and of carrying weapons - and received a sentence of 20-years without parole.
Jose Padilla
Padilla's case is still in limbo. He was born in the Bronx, and later lived in Chicago, where he joined a street gang. He was arrested many times during his gang years, but converted to Islam after his last jail sentence. He was arrested in May 2002 after returning from a trip to the Middle East. He has been held as an "illegal enemy combatant" and has been accused of conspiring with Al-Qaida and engaging in terrorist-attack planning. He is considered a threat to US security.
A Question of Rights
Young men, born in America, fighting America in the name of Islam. What to do about them? Hamdi was released to Saudi Arabia. Lindh was sentenced to 20 years in prison. Padilla's case is unresolved.
The federal government has had a difficult time dealing with these young men. They are American citizens, and yet have been accused of fighting for the enemy against America. Both Hamdi and Padilla were held for years without being officially charged, and because of security concerns were not initially allowed the right to a lawyer. They are traitors, and the federal government has argued that because they are "illegal enemy combatants", they both forfeited the rights of their US citizenships. The Supreme Court disagreed, however, and ruled in April 2004 that Hamdi retained his right to due-process under the US Constitution - even after spending much of his life in the Middle East. This Monday, the Court decided not to hear Padilla's appeal to receive due process because he has been officially charged and given representation, as required under Constitution.
It is a difficult balance to make - ensuring that American citizens are guaranteed their fundamental rights - rights that separate the government of the United States from so many despotic regimes - and yet protecting Americans from the traitors within their midsts. If the government does not act with discretion concerning men like Padilla, it could fail to stop a future terrorist attack. Yet, others argue that if we allow the government to deny US citizens their basic rights of due process, then we are no better than the enemies who seek to destroy us.
What do you think? Sign up for the Berean Online Fellowship and join the debate! Our online discussion boards give you the opportunity to read and post messages on various topics - everything from passages of scripture and Christian living to current events. See the links below for more information.
Related Links:
- Berean Online Fellowship - Koinonia House
- Supreme Court Won't Review War Powers Case - ABC
| |
|
