"If the Law Does Not Protect Jose Padilla . . . It Protects No One"
In February, a federal district court in South Carolina dismissed our lawsuit on behalf of American citizen Jose Padilla against Donald Rumsfeld and other current and former officials, saying the former Secretary of Defense was entitled to "qualified immunity" for his role in the arbitrary detention and torture of Padilla. Today we appealed that dismissal to the 4th Circuit Court of Appeals.
As you might recall, Padilla was arrested in March 2002, held without charge for four years in a South Carolina military brig and without access to a lawyer for two years, and was tortured to the point that brig authorities described his behavior (or lack thereof) as "like a piece of furniture." The Bush administration first claimed that Padilla was plotting with al-Qaeda to detonate a radiological “dirty bomb” in a U.S. city, but no evidence of such a plot has ever been presented. A maze of several legal proceedings, including one trip to the Supreme Court and back again to lower courts, landed Padilla where he is today.
In a statement today, Ben Wizner, litigation director of our National Security Project, said: "If the law does not protect Jose Padilla — an American citizen arrested on American soil and tortured in an American prison — it protects no one."
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One important law in that regard is the prohibition on politically partisan activity. Given our nonprofit status, we may not endorse or oppose candidates for elective office. That means we cannot host comments on our site that show a preference for one candidate or party. Although we in no way wish to discourage you from that activity elsewhere, we ask that you not engage in that activity on our website (or include links to other websites that do so). Additionally, given that we are subject to very specific rules concerning the collection of personally identifying information through our website (names, email addresses, home address, financial information, etc.), we ask that you not use the comments portion of this blog to solicit this information from users of our website. We also ask that you not use the comments portion for advertising or requests for legal assistance, and do not add to your comment links to other websites, as we cannot be responsible for the content on other websites.
We are not able to respond to unsolicited inquiries, complaints or requests for assistance sent to this blog. Please direct your complaint or request for assistance to the ACLU affiliate in your state. Requests for legal assistance left in the blog comments will not receive a response or be published.
Finally, the ACLU cannot guarantee the accuracy, completeness or usefulness of any information in the comment section and expressly disclaims any liability for any information in this section.
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Anonymous
Says:
Jun 8th, 2011 at 12:56pmTHE ACLU NEEDS TO LEAVE GOD IN THE U.S.A AND THROW OBAMA AND THE REST OF THE THIEVES IN D.C OUT
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Anonymous
Says:
Jun 29th, 2011 at 7:27am¨Anonymous Says:
Jun 8th, 2011 at 1:56pm
THE ACLU NEEDS TO LEAVE GOD IN THE U.S.A AND THROW OBAMA AND THE REST OF THE THIEVES IN D.C OUT¨
- Your comment has nothing to do with the article and shows a real lack of rational thinking. -
j-mil
Says:
Jun 29th, 2011 at 9:09amWay to stay on topic "Anonymous." I'd also like to applaud your awesome punctuation skills.
This whole situation is a travesty. It's almost too much to wrap my head around. And the sad thing is that hardly anyone cares.
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Anonymous
Says:
Jun 29th, 2011 at 9:17amYou sir are an Idiot
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Anonymous
Says:
Jun 29th, 2011 at 9:20amReal mature. And who would you put in Obama's place? An even BIGGER Republican corporate-loving thief? Wake-up, grandpa and stop watching Fox News. Both political parties are hurting Americans, both are serving corporate and wealthy interests over the average American. The current administration is more or less continuing the agenda set out by Bush Jr.
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Anonymous
Says:
Jun 29th, 2011 at 9:24amCAP LOCKS IS CRUISE CONTROL FOR COOL
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Anonymous
Says:
Jun 29th, 2011 at 9:26amAs the commenter above me proves, there are a lot of retarded Americans. It's nice that they are interested in subjects like these but clearly they are just too moronic to understand subject. Dimwit above can't comprehend that the ACLU benefits even stupid retards like him.
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Anonymous
Says:
Jun 29th, 2011 at 9:42amAnonymous sounds like just another so called Christian who does not actually follow any of the teachings of Jesus Christ.
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Anonymous
Says:
Jun 29th, 2011 at 9:44amCaps lock is cruise control for cool. Also, do you even pay attention to politics, or have something relevant to say in regard to this article?
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Anonymous
Says:
Jun 29th, 2011 at 9:47amAfter we undo the human rights of non-human legal entities, we should address this whole "sovereign immunity" thing where people in government power can wield it without any consequences. It's so disgusting it makes me want to puke all over Washington. But that might actually be an improvement...
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Me
Says:
Jun 29th, 2011 at 9:56amAnonymous needs to realize the US was not founded by god nor does god have a place or ever been recognized as having a place in our federal government of the great United States of America. See the Treaty of Tripoli as an example.
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Anonymous
Says:
Jun 29th, 2011 at 9:58amI'm glad there's people like you fighting for what few rights ya'll have left. I'm not a U.S. citizen, but I see the authoritarian abuse you go through every day and it's stories like this that make me glad I'm not there.
Which is unfortunate, because government aside, I really would like to visit there. But as a middle-class brown guy, I'm sure it wouldn't be worth it.
Either way, I wish you the best of luck!
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Anonymous
Says:
Jun 29th, 2011 at 10:02amTHE ACLU NEEDS TO LEAVE GOD IN THE U.S.A AND THROW OBAMA AND THE REST OF THE THIEVES IN D.C OUT
This guy/chick needs an enema.
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Anonymous
Says:
Jun 29th, 2011 at 10:04amAre you suffering from some sort of mental deficiency #1??
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Anonymous
Says:
Jun 29th, 2011 at 10:05amKeep up the good work guys, we need the ACLU now more than ever.
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Anonymous
Says:
Jun 29th, 2011 at 10:09amGod is a fictional character that does not exist. Can we please get some intelligent comments in here?
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Concerned Citizen
Says:
Jun 29th, 2011 at 10:13amHow does the ACLU's position on the separation of church & state and any bias it may show in favor of the current administration detract from the point Mr. Wizner was making?
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Anonymous
Says:
Jun 29th, 2011 at 10:29am@First comment:
Can't tell if trolling, or just very stupid. -
Anon
Says:
Jun 29th, 2011 at 10:37amFUCK YOUR GOD!
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Anonymous
Says:
Jun 29th, 2011 at 10:37amIf there is God, the ACLU is doing His work.
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Anonymous
Says:
Jun 29th, 2011 at 10:40amObvious troll is obvious.
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Anonymous
Says:
Jun 29th, 2011 at 10:41am^^^This is what liberty is up against^^^
Bravo. I love hearing when the ACLU takes these kinds of cases. Padilla has really fallen out of the news lately, and I know his criminal trial is already over, but I think this case is more important than, e.g., the nuclear non-disaster in North Dakota, or anything out of the mouth of {Sarah Palin|Glenn Beck|Michelle Bachmann}. I think I'm just going to have to subscribe to your RSS feed!
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Anonymous
Says:
Jun 29th, 2011 at 10:43amAbove poster...youre dumb. No true American patriot would support anything other than separation of church and state like our founding fathers decided.
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Bob
Says:
Jun 29th, 2011 at 10:50amGood troll "Anonymous"
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Anonymous
Says:
Jun 29th, 2011 at 10:55amAs the Government of the United States of America is not, in any sense, founded on the Christian religion,—as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen,—and as the said States never entered into any war or act of hostility against any Mahometan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.
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Anonymous
Says:
Jun 29th, 2011 at 11:08amIgnore the first anonymous...he's (or she's) obviously ignorant. Regardless if Mr. Padilla committed the crime, he should have the rights guaranteed by his citizenship. I applaud your efforts.
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Anonymous
Says:
Jun 29th, 2011 at 11:13amGOD IN THE U.S.A.... WHERE?
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Anonymous
Says:
Jun 29th, 2011 at 11:54amDear Previous Anonymous,
God was never in the United States, so quit trying to force her into it.
http://en.wikipedia.org/wiki/Treaty_of_tripoli
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Anonymous
Says:
Jun 29th, 2011 at 12:19pmWhy is Padilla's mental state being hidden from us?
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Anonymous
Says:
Jun 29th, 2011 at 12:51pma big WTF to the comment above. seriously? is your head screwed on properly? what a joke. go back to your home country you loser.
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MIngus
Says:
Jun 29th, 2011 at 12:59pmHey Anonymous,
You do realize that 'God' is how the US got the point where they torture innocents and destroy lives.
'God' is the reason the US is in Iraq. God is the reason 10% of your country are treated like 2nd class citizens.
'God' is the reason you will never again have a competent President again because if he ain't Christian they ain't gettin' elected.
'God' is the reason your country is about to spiral down the drain while the rest of the world makes progress.
Enjoy your God while you are alive cuz he ain't gonna be there when you are dead.
-
Craig
Says:
Jun 29th, 2011 at 1:29pmI'm sorry, but where in the article does it say "god"? I can't seem to find it. Also, can you provide proof of said thievery?
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Anonymous
Says:
Jun 29th, 2011 at 2:01pmgod should play no role in law. that is more frightening than most things i can imagine.
-
Responding to the first guy
Says:
Jun 29th, 2011 at 2:28pmWhat the hell are you raving about?
-
Anonymous
Says:
Jun 29th, 2011 at 2:33pmThrowing the word "God" around got us in this mess in the first place.
-
Anonymous
Says:
Jun 29th, 2011 at 2:37pmLast time I checked, God is just in your head, not the USA.
-
Anonymous
Says:
Jun 29th, 2011 at 2:43pmHuh? Please clarify.
-
Anonymous' Critic
Says:
Jun 29th, 2011 at 2:47pmIf he were a little smarter, he'd see how stupid he is.
-
Anonymous
Says:
Jun 29th, 2011 at 3:11pmObviously way more to the story...
-
Anonymous
Says:
Jun 29th, 2011 at 3:23pmWhy did your god let this man suffer? Maybe there needs to be less of your "god" and more of human compassion.
-
Anonymous
Says:
Jun 29th, 2011 at 3:26pmWhy do you say more of "god" in the USA and then put the responsibility upon humans? Shouldn't your all-powerful god be able to do its own work?
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Anonymous
Says:
Jun 29th, 2011 at 4:02pmThe poster above obviously doesn't know where the caps lock key is. Also, go away religious nut.
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Freedom
Says:
Jun 29th, 2011 at 4:06pm"THE ACLU NEEDS TO LEAVE GOD IN THE U.S.A AND THROW OBAMA AND THE REST OF THE THIEVES IN D.C OUT"
Maybe the reason the USA is in such a mess right now is that GOD is always left in and EVERYONE else is left out.
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Seraph
Says:
Jun 29th, 2011 at 4:19pmReally? your talk about Obama in the face of tragity? This happened before Obama was elected, or even RAN. I don't really think it matters who was president at the time though. This is a travisty and abuse of American rights. He deserves reperitions from a government that did not give a AMERICAN CITIZEN his due process.
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Anonymous
Says:
Jun 29th, 2011 at 4:20pmDA ACUL NEDS TO LEAVE DOGS IN TRHE POUND AND THORW OBAMA IN THE IRAWQ HERF DERF
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Anony-mouse
Says:
Jun 29th, 2011 at 4:38pmSo your god condones the holding and torture of citizens without legal council? You're lucky to have the ACLU and I'm lucky I don't live in the USA.
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Anonymous
Says:
Jun 29th, 2011 at 5:13pmYou are an idiot. Shut up.
-
Erik Christensen
Says:
Jun 29th, 2011 at 5:35pmThis is one of many reasons why I no longer support the ACLU
Padilla was never tortured. They're just saying he was to get sympathy for the traitor.
-
Anonymous
Says:
Jun 29th, 2011 at 5:59pmALSO LOWER THE PRICE OF CHICKEN AND STOP THE TV FROM SAYING BAD WORDS AND SHOWING WOMENS ANKLES THANK YOU ACLU
-
Anonymous
Says:
Jun 29th, 2011 at 6:22pmI don't always go on a conservative rant, but when I do; I USE ALL CAPS.
P.S. God is a fairy tale. 
- 1
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Post new comment
One important law in that regard is the prohibition on politically partisan activity. Given our nonprofit status, we may not endorse or oppose candidates for elective office. That means we cannot host comments on our site that show a preference for one candidate or party. Although we in no way wish to discourage you from that activity elsewhere, we ask that you not engage in that activity on our website (or include links to other websites that do so). Additionally, given that we are subject to very specific rules concerning the collection of personally identifying information through our website (names, email addresses, home address, financial information, etc.), we ask that you not use the comments portion of this blog to solicit this information from users of our website. We also ask that you not use the comments portion for advertising or requests for legal assistance, and do not add to your comment links to other websites, as we cannot be responsible for the content on other websites.
We are not able to respond to unsolicited inquiries, complaints or requests for assistance sent to this blog. Please direct your complaint or request for assistance to the ACLU affiliate in your state. Requests for legal assistance left in the blog comments will not receive a response or be published.
Finally, the ACLU cannot guarantee the accuracy, completeness or usefulness of any information in the comment section and expressly disclaims any liability for any information in this section.
Jun 8th, 2011 at 12:56pm
THE ACLU NEEDS TO LEAVE GOD IN THE U.S.A AND THROW OBAMA AND THE REST OF THE THIEVES IN D.C OUT
Jun 29th, 2011 at 7:27am
¨Anonymous Says:
Jun 8th, 2011 at 1:56pm
THE ACLU NEEDS TO LEAVE GOD IN THE U.S.A AND THROW OBAMA AND THE REST OF THE THIEVES IN D.C OUT¨
- Your comment has nothing to do with the article and shows a real lack of rational thinking.
Jun 29th, 2011 at 9:09am
Way to stay on topic "Anonymous." I'd also like to applaud your awesome punctuation skills.
This whole situation is a travesty. It's almost too much to wrap my head around. And the sad thing is that hardly anyone cares.
Jun 29th, 2011 at 9:17am
You sir are an Idiot
Jun 29th, 2011 at 9:20am
Real mature. And who would you put in Obama's place? An even BIGGER Republican corporate-loving thief? Wake-up, grandpa and stop watching Fox News. Both political parties are hurting Americans, both are serving corporate and wealthy interests over the average American. The current administration is more or less continuing the agenda set out by Bush Jr.
Jun 29th, 2011 at 9:24am
CAP LOCKS IS CRUISE CONTROL FOR COOL
Jun 29th, 2011 at 9:26am
As the commenter above me proves, there are a lot of retarded Americans. It's nice that they are interested in subjects like these but clearly they are just too moronic to understand subject. Dimwit above can't comprehend that the ACLU benefits even stupid retards like him.
Jun 29th, 2011 at 9:42am
Anonymous sounds like just another so called Christian who does not actually follow any of the teachings of Jesus Christ.
Jun 29th, 2011 at 9:44am
Caps lock is cruise control for cool. Also, do you even pay attention to politics, or have something relevant to say in regard to this article?
Jun 29th, 2011 at 9:47am
After we undo the human rights of non-human legal entities, we should address this whole "sovereign immunity" thing where people in government power can wield it without any consequences. It's so disgusting it makes me want to puke all over Washington. But that might actually be an improvement...
Jun 29th, 2011 at 9:56am
Anonymous needs to realize the US was not founded by god nor does god have a place or ever been recognized as having a place in our federal government of the great United States of America. See the Treaty of Tripoli as an example.
Jun 29th, 2011 at 9:58am
I'm glad there's people like you fighting for what few rights ya'll have left. I'm not a U.S. citizen, but I see the authoritarian abuse you go through every day and it's stories like this that make me glad I'm not there.
Which is unfortunate, because government aside, I really would like to visit there. But as a middle-class brown guy, I'm sure it wouldn't be worth it.
Either way, I wish you the best of luck!
Jun 29th, 2011 at 10:02am
THE ACLU NEEDS TO LEAVE GOD IN THE U.S.A AND THROW OBAMA AND THE REST OF THE THIEVES IN D.C OUT
This guy/chick needs an enema.
Jun 29th, 2011 at 10:04am
Are you suffering from some sort of mental deficiency #1??
Jun 29th, 2011 at 10:05am
Keep up the good work guys, we need the ACLU now more than ever.
Jun 29th, 2011 at 10:09am
God is a fictional character that does not exist. Can we please get some intelligent comments in here?
Jun 29th, 2011 at 10:13am
How does the ACLU's position on the separation of church & state and any bias it may show in favor of the current administration detract from the point Mr. Wizner was making?
Jun 29th, 2011 at 10:29am
@First comment:
Can't tell if trolling, or just very stupid.
Jun 29th, 2011 at 10:37am
FUCK YOUR GOD!
Jun 29th, 2011 at 10:37am
If there is God, the ACLU is doing His work.
Jun 29th, 2011 at 10:40am
Obvious troll is obvious.
Jun 29th, 2011 at 10:41am
^^^This is what liberty is up against^^^
Bravo. I love hearing when the ACLU takes these kinds of cases. Padilla has really fallen out of the news lately, and I know his criminal trial is already over, but I think this case is more important than, e.g., the nuclear non-disaster in North Dakota, or anything out of the mouth of {Sarah Palin|Glenn Beck|Michelle Bachmann}. I think I'm just going to have to subscribe to your RSS feed!
Jun 29th, 2011 at 10:43am
Above poster...youre dumb. No true American patriot would support anything other than separation of church and state like our founding fathers decided.
Jun 29th, 2011 at 10:50am
Good troll "Anonymous"
Jun 29th, 2011 at 10:55am
As the Government of the United States of America is not, in any sense, founded on the Christian religion,—as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen,—and as the said States never entered into any war or act of hostility against any Mahometan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.
Jun 29th, 2011 at 11:08am
Ignore the first anonymous...he's (or she's) obviously ignorant. Regardless if Mr. Padilla committed the crime, he should have the rights guaranteed by his citizenship. I applaud your efforts.
Jun 29th, 2011 at 11:13am
GOD IN THE U.S.A.... WHERE?
Jun 29th, 2011 at 11:54am
Dear Previous Anonymous,
God was never in the United States, so quit trying to force her into it.
http://en.wikipedia.org/wiki/Treaty_of_tripoli
Jun 29th, 2011 at 12:19pm
Why is Padilla's mental state being hidden from us?
Jun 29th, 2011 at 12:51pm
a big WTF to the comment above. seriously? is your head screwed on properly? what a joke. go back to your home country you loser.
Jun 29th, 2011 at 12:59pm
Hey Anonymous,
You do realize that 'God' is how the US got the point where they torture innocents and destroy lives.
'God' is the reason the US is in Iraq. God is the reason 10% of your country are treated like 2nd class citizens.
'God' is the reason you will never again have a competent President again because if he ain't Christian they ain't gettin' elected.
'God' is the reason your country is about to spiral down the drain while the rest of the world makes progress.
Enjoy your God while you are alive cuz he ain't gonna be there when you are dead.
Jun 29th, 2011 at 1:29pm
I'm sorry, but where in the article does it say "god"? I can't seem to find it. Also, can you provide proof of said thievery?
Jun 29th, 2011 at 2:01pm
god should play no role in law. that is more frightening than most things i can imagine.
Jun 29th, 2011 at 2:28pm
What the hell are you raving about?
Jun 29th, 2011 at 2:33pm
Throwing the word "God" around got us in this mess in the first place.
Jun 29th, 2011 at 2:37pm
Last time I checked, God is just in your head, not the USA.
Jun 29th, 2011 at 2:43pm
Huh? Please clarify.
Jun 29th, 2011 at 2:47pm
If he were a little smarter, he'd see how stupid he is.
Jun 29th, 2011 at 3:11pm
Obviously way more to the story...
Jun 29th, 2011 at 3:23pm
Why did your god let this man suffer? Maybe there needs to be less of your "god" and more of human compassion.
Jun 29th, 2011 at 3:26pm
Why do you say more of "god" in the USA and then put the responsibility upon humans? Shouldn't your all-powerful god be able to do its own work?
Jun 29th, 2011 at 4:02pm
The poster above obviously doesn't know where the caps lock key is. Also, go away religious nut.
Jun 29th, 2011 at 4:06pm
"THE ACLU NEEDS TO LEAVE GOD IN THE U.S.A AND THROW OBAMA AND THE REST OF THE THIEVES IN D.C OUT"
Maybe the reason the USA is in such a mess right now is that GOD is always left in and EVERYONE else is left out.
Jun 29th, 2011 at 4:19pm
Really? your talk about Obama in the face of tragity? This happened before Obama was elected, or even RAN. I don't really think it matters who was president at the time though. This is a travisty and abuse of American rights. He deserves reperitions from a government that did not give a AMERICAN CITIZEN his due process.
Jun 29th, 2011 at 4:20pm
DA ACUL NEDS TO LEAVE DOGS IN TRHE POUND AND THORW OBAMA IN THE IRAWQ HERF DERF
Jun 29th, 2011 at 4:38pm
So your god condones the holding and torture of citizens without legal council? You're lucky to have the ACLU and I'm lucky I don't live in the USA.
Jun 29th, 2011 at 5:13pm
You are an idiot. Shut up.
Jun 29th, 2011 at 5:35pm
This is one of many reasons why I no longer support the ACLU
Padilla was never tortured. They're just saying he was to get sympathy for the traitor.
Jun 29th, 2011 at 5:59pm
ALSO LOWER THE PRICE OF CHICKEN AND STOP THE TV FROM SAYING BAD WORDS AND SHOWING WOMENS ANKLES THANK YOU ACLU
Jun 29th, 2011 at 6:22pm
I don't always go on a conservative rant, but when I do; I USE ALL CAPS.
P.S. God is a fairy tale.
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