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Para ver esta página en español, oprima aquí. Court: Bush Can't Detain Padilla As Enemy Combatant… HUD OK’s $693m In Housing Bonds …Mercado Hearings Delayed Until Naveira’s Sworn In…Comptroller Offers Anti-Corruption Plan…Sanes’ Nephew Sentenced To 18 Mos…Prats Elected Dem. Party President…San Juan Expos?…Senate Confirms Naveira: Fernos, Martin Query Calderon’s Motives
Court: Bush Can't Detain Padilla As Enemy Combatant By DAVID STOUT December 18, 2003
A federal appeals court decision could force the government to try Jose Padilla, suspected in a scheme to set off a "dirty bomb," in civilian courts. WASHINGTON, Dec. 18 – A federal appeals court panel ruled today that President Bush does not have the power to detain a United States citizen who was seized on American soil as an enemy combatant and to deny him a lawyer. In the latest chapter of a constitutional drama that has been playing out since the terror attacks of Sept. 11, 2001, a 2-to-1 majority of the United States Court of Appeals for the Second Circuit, in Manhattan, rejected the Bush administration's treatment of Jose Padilla, who is accused of plotting to set off a radioactive "dirty bomb." Mr. Padilla, a convert to Islam, was arrested last year at O'Hare International Airport near Chicago on his return from Pakistan after extensive travel in the Middle East. Attorney General John Ashcroft drew worldwide attention soon after when he said the government believed that Mr. Padilla, who has a long criminal record as a gang member in Chicago, had been planning to explode a bomb that would use conventional explosives to disperse radioactive particles over a wide area. Subsequently designated an "enemy combatant" by the government, Mr. Padilla was briefly held in Manhattan before being sent to a Navy brig in Charleston, S.C., where he has been denied access to a lawyer and held incommunicado ever since. "As this court sits only a short distance from where the World Trade Center once stood, we are as keenly aware as anyone of the threat Al Qaeda poses to our country and of the responsibilities the president and law enforcement officials bear for protecting the nation," Judges Barrington D. Parker Jr. and Rosemary S. Pooler declared today. "But presidential authority does not exist in a vacuum," two jurists wrote, "and this case involves not whether those responsibilities should be aggressively pursued, but whether the president is obligated, in the circumstances presented here, to share them with Congress." Alluding to the constitutional import of the Padilla case, the majority wrote: "Where, as here, the president's power as commander in chief of the armed forces and the domestic rule of law intersect, we conclude that clear Congressional authorization is required for detentions of American citizens on American soil." Today's ruling, which is probably not the final word in the case, does not mean that Mr. Padilla will go free, even if the ruling is sustained on appeal. The two judges said Defense Secretary Donald H. Rumsfeld should release Mr. Padilla from military custody within 30 days, after which he could be prosecuted in civilian courts or held as a material witness. "Under any scenario, Padilla will be entitled to the constitutional protections extended to other citizens," the appellate court majority wrote today, a clear reference to access to counsel. In dissent, Judge Richard C. Wesley wrote, "In my view, the president as commander in chief has the inherent authority to thwart acts of belligerency at home or abroad that would do harm to United States citizens." At another point, Judge Wesley said the majority had failed to cite constitutional precedent for the notion that Congress is given "exclusive constitutional authority to determine how our military forces will deal with the acts of a belligerent on American soil. "There is no well-traveled road delineating the respective constitutional powers and limitations in this regard," Judge Wesley wrote. It was not immediately clear what happens next. The government may consider appealing to the full Second Circuit or it could appeal to the Supreme Court. What did seem clear, however, is that the issues raised in the Padilla case do not concern just the separate, sometimes conflicting powers of the president and Congress, but something perhaps even more fundamental – the delicate balance between personal freedoms and the security of the nation, especially in wartime.
HUD OK’s $693m In Bonds For Housing Authority December 18, 2003 SAN JUAN (AP) - Federal officials on Thursday approved the largest public housing bond issuance in U.S. history to renovate nearly 7,500 units throughout Puerto Rico. U.S. Housing and Urban Development Assistant Secretary Michael Liu was present at a signing ceremony in San Juan approving the $693 million in bonds for the Puerto Rico Public Housing Administration. The amount was more than double the previous record of $291 million, which went to the Chicago Housing Authority in 2001, HUD officials said. "The bond proceeds will allow Puerto Rico's housing officials to address major modernization needs in two years that would normally take five to 10 years," Liu said. Most of the U.S. Caribbean possession's public housing units were built in the 1940s and 1950s and suffer from outdated utility systems, he said. Among the planned renovations are replacing plumbing and electrical wiring. The bonds are part of a larger modernization effort by the local housing authority to modernize more than 20,000 units over seven years with a total coast of $1.2 billion, officials said. About 56,000 families live in public housing in Puerto Rico, HUD spokeswoman Donna White said from Washington. Puerto Rico, an island with 4 million residents, has the nation's second-largest public housing authority behind New York City, White said. ?
Senate To See Naveira Sworn In Before Confirming Mercado By Melissa B. Gonzalez Valentin of WOW News December 18, 2003 Following the speedy confirmation of Associate Justice Miriam Naveira as chief justice of the Supreme Court of Puerto Rico on Wednesday, the Senate must now wait for her to be sworn in before moving on to evaluating the nomination of Secretary of State Ferdinand Mercado as associate justice. Gov. Sila Calderon said Thursday that the swearing-in ceremony has been scheduled for Dec. 30. Until then, the governor stated that she would hold Mercado's nomination to make sure the correct process is followed. Senate Nominations Committee Chairman Bruno Ramos said as soon as the vacancy for associate justice is created by Naveira’s elevation to chief justice, the legislative body would proceed to discuss and evaluate Mercado's nomination. Bruno and Senate President Antonio Fas Alzamora have said public hearings to evaluate Mercado's nomination are unnecessary because the nominee was scrutinized carefully in October after the governor nominated him for chief justice. "I don't think it would be fair to submit him to a hearing when he has already answered questions from 22 senators for six hours," Bruno said. In October, Calderon was forced to withdraw Mercado's nomination as chief justice after widespread opposition, even from members of her own Popular Democratic Party (PDP) such as Resident Commissioner Anibal Acevedo Vila. She then nominated Mercado as associate justice, but had to withdraw that nomination because there were no openings for associate justice on the high court. Members of the New Progressive Party and the Puerto Rican Independence Party who opposed Naveira's nomination have insisted that the governor's true intention is to renominate Mercado for chief justice seven months from now. Naveira must retire July 28, 2004 when she turns 70, the age at which justices must retire from the Supreme Court, which means she can serve as chief justice for only seven months. However, the governor said on Thursday that her only intention is to nominate Mercado for associate justice. "That is my only intention and I won't answer any more questions on that subject," Calderon stated.
Comptroller Gives Suggestions To Fight Corruption By Melissa B. Gonzalez Valentin of WOW News December 18, 2003 Commonwealth Comptroller Manuel Diaz Saldaña recommended on Thursday a series of measures that include limiting cabinet members from participating in political-partisan activities to fend off the misuse of public funds and government corruption. He added that of the 52 suggestions that he issued in December 1999, 24 of them (46.1%) have been implemented through laws and other administrative action. The remaining 28 (53.9%) are still pending. "We hope that this plan, together with the support and the affirmative action of those sectors able to make it a reality, help us to continue improving the public administration for the benefit of our people," Diaz Saldaña said. He also urged legislation to limit the participation of members of the Special Independent Prosecutor's panel in political-partisan events. Among other recommendations, Diaz Saldaña included the following: *To give the governor the power to suspend any mayor accused of a felony. *To allocate the money that Gov. Sila Calderon's administration has used for the Blue Ribbon Committee, to support the work of the Government Ethics Office, the Justice Department, the Comptroller's Office, and the Special Independent Prosecutor's Office. *To create a Permanent Evaluating Board to regulate the publication of government ads and limit the public funds used to celebrate national holidays and official events. *To eliminate the statute of limitations established in the Electoral Law so that violations regarding the use of public funds for political-partisan purposes can be penalized regardless of when they were committed. *To eliminate the direct participation of legislators in the allocation of pork barrel funds so that government agencies can handle them instead.
David Sanes’ Nephew Sentenced To 18 Months December 18, 2003 SAN JUAN (AP) — U.S. Federal District Judge Jose A. Fuste sentenced Jose Montañez Sanes on Thursday to 18 months in prison for destroying federal property during the May 1 riot on Vieques. Montañez Sanes, 28, also was sentenced to two years probation and assessed a fine of $4,000 for damaging federal property. He will start serving his sentence January 30. Montañez Sanes’ attorney, Maria Sandoval, requested a shorter sentence due to her client’s poor health, but the judge denied the petition. Montañez Sanes, a Vieques resident, is the nephew of David Sanes, whose accidental death during a U.S. Navy bombing exercise started the movement that resulted in the Navy’s exit from the municipality.
Prats Elected New President Of Local Democratic Party December 18, 2003 SAN JUAN (AP) — Popular Democratic Party Sen. Roberto Prats on Thursday became the new president of the Puerto Rico Democratic Party. Prats, the PDP’s resident commissioner candidate, replaced Sen. Edualdo Baez Galib, who resigned on Thursday. New Progressive Party Sen. Kenneth McClintock on Thursday became Prats’ unlikely champion. "It’s not all the time that I can vote for Roberto, but today I can say it’s okay," McClintock said.
San Juan Expos? By THE ASSOCIATED PRESS December 17, 2003 SAN JUAN, Puerto Rico (AP) -- Now that the Montreal Expos are returning to San Juan for 22 games next season, the Puerto Rican promoter would like to bid for a permanent team. ``The primary goal in doing this is to bring a major league team to Puerto Rico in the future,'' Antonio Munoz said Wednesday at a news conference with major league officials. ``We can show that Puerto Rico is an adequate site, and that we can compete with any city in the United States.'' The Expos were bought by the other 29 teams before the 2002 season, and the commissioner's office has spoken about a permanent move with groups from Northern Virginia; Portland, Ore.; and Washington, D.C. Baseball owners want funding for a ballpark in place before deciding on a relocation. John McHale Jr., major league baseball's executive vice president for administration, said the commissioner's office received a proposal from Munoz and his son, Antonio Munoz Grajales, to permanently relocate the team to the Caribbean island. ``We take them seriously,'' McHale said. He said San Juan's proposal lacks a plan for a new ballpark -- Hiram Bithorn Stadium's maximum capacity will be about 20,000 with expansions planned for next season. Baseball officials still need to determine whether Puerto Rico can support a franchise for a full season. ``Across baseball there is still some unfamiliarity with the demographics of the San Juan market,'' McHale said.
Senate Confirms Naveira As First Woman Chief Justice By Melissa B. Gonzalez Valentin of WOW News December 17, 2003 With the opposition of only five legislators, the Senate on Wednesday confirmed the nomination of associate justice Miriam Naveira as chief justice of the Puerto Rico Supreme Court. Naveira will be the first woman to hold the post. Just as he had announced he would, Puerto Rican Independence Party Sen. Fernando Martin voted against the nomination, which he described as part of a political scenario whose motive is to install Secretary of State Ferdinand Mercado as chief justice upon Naveira’s retirement next year. Naveira must retire July 28, 2004 when she turns 70, the mandatory retirement age for justices on the Supreme Court. Calderon nominated Mercado to be chief justice in September, but withdrew his nomination when it became clear he did not have sufficient support to be confirmed. New Progressive Party (NPP) Sens. Kenneth McClintock, Orlando Parga, Migdalia Padilla, and Lucy Arce also voted against Naveira's confirmation. They cited the rushed manner in which the process was conducted and the rumored intention to eventually renominate Mercado as the main reasons for opposing her nomination. "Not having the wisdom to say: 'Thanks, but no thanks' has cost her my vote," said Parga. On the other hand, NPP Sens. Pablo Lafontaine, Norma Burgos, and Norma Carranza voted in favor, agreeing that although the nomination was rushed, they wouldn't hold that against Naveira, whose vast experience in the judicial branch they cited. NPP Sen. Miriam Ramirez de Ferrer was absent due to an off-island trip. The Popular Democratic Party majority criticized those who opposed Naveira's nomination, denying any political motivation and stating their belief the legislators should have focused on Naveira’s qualifications. As of 6 p.m. it was expected that Naveira would be sworn in immediately so that Mercado's nomination as associate justice could be evaluated completely by Friday.
Fernos Professes Mixed Feelings About Naveira Nomination December 17, 2003 SAN JUAN (AP) – Womens advocate Maria Dolores Fernos said Wednesday she has mixed feelings about the nomination of Miriam Naveira as the first woman to serve as chief justice of the Puerto Rico Supreme Court. Fernos questioned why Gov. Sila Calderon appointed Naveira to a post she can only occupy for seven months. Naveira must retire in July when she turns 70, the mandatory retirement age for Supreme Court justices. "It’s a bittersweet feeling because she deserves it--and is extremely qualified for the position--but it seems that the nomination is more symbolic than what we women want," Fernos said. Naveira is expected to be confirmed on Wednesday during an extraordinary session. Once the nomination is ratified, the governor could submit the nomination of Secretary of State Ferdinand Mercado as associate justice to replace Naveira.
Martin Opposes Miriam Naveira By Melissa B. Gonzalez Valentin of WOW News December 17, 2003 While it appears all but certain Associate Justice Miriam Naveira will win confirmation as the new chief justice of the Puerto Rico Supreme Court, Puerto Rican Independence Party (PIP) Sen. Fernando Martin said he would vote against the nomination. Martin acknowledged it was difficult for him to oppose Naveira's nomination as he respects her and knows she has vast experience in the judiciary, but said he couldn't in good conscience support a nomination that he believes to be part of a scheme to eventually nominate Secretary of State Ferdinand Mercado to be chief justice. Naveira must retire July 28, 2004 when she turns 70, the age at which justices must retire from the Supreme Court. Should her nomination be ratified, Naveira could only serve as chief justice for seven months. "I am forced to vote against your nomination because I see it as the first act of a drama that will end with an adverse result," he said during a public hearing held prior to an extraordinary session to consider the nomination. "Your nomination is so ephemeral that I don't think it does justice to Puerto Rican women," Martin added. In October, Calderon was forced to withdraw Mercado's nomination as chief justice after widespread opposition, even from members of her own Popular Democratic Party (PDP) such as Resident Commissioner Anibal Acevedo Vila. She then nominated Mercado as associate justice, but had to withdraw that nomination because there were no openings for associate justice on the high court. Naveira defended her nomination, citing her excellent qualifications for the post and adding she was sure to have the support of the other Supreme Court associate justices. Meanwhile, the PDP majority in the Senate said it would vote in favor of Naveira's nomination. "Definitely," said Senate Nominations Committee Chairman Bruno Ramos moments before the hearing. "In the afternoon we will confirm her nomination," he added. As for the New Progressive Party (NPP) minority, Sen. Kenneth McClintock said it would evaluate prior to the extraordinary session whether members would vote individually or as a caucus. However, NPP Sens. Pablo Lafontaine and Norma Carranza said they would vote to confirm Naveira. With regard to statements by PDP Sen. Margarita Ostolaza, who said she would vote against Secretary of State Ferdinand Mercado's nomination as associate justice, Ramos said he would deal with that issue later. "The case of the nominee for associate justice will be discussed later on, but today we should discuss the nominee for chief justice of the Puerto Rico Supreme Court," Ramos said. Sources at the Legislature have said that the extraordinary session was likely to continue through the weekend.
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NBC News, via Associated Press