[free-sklyarov] Why is Sklyarov still in jail?

[Ed Carp]

Seth David Schoen (schoen at loyalty.org) writes:

> > Why doesn't
> > someone file a writ of habeas corpus in Federal court to get this man out of
> > jail?
> 
> "Too early" -- an experienced lawyer.

Really?  How's that?

> Nobody feels that the government has violated legal standards for a
> speedy and public trial yet.  Committed a monstrous injustice, yes.
> Made the U.S. look ridiculous and frightening to the rest of the
> world, sure.  Violated legal standards for procedural due process in
> criminal cases, no.

You're kidding, right?  You're telling me that it's *normal* for a Federal
prisoner to be held *weeks* without a bail hearing?  Hs he even been arraigned
yet?

If I were arrested tomorrow, if I hadn't been arraigned and bail set by 9 AM
Monday morning, rest assured that my attorney would be in court by noon.  Why
is it OK for the Federal courts to violate the Sixth and Eighth Amendments?

> > Why is he being denied bail?
> 
> The bail hearing hasn't happened yet.
> 
> Sklyarov is being treated, say attorneys, no worse than your typical
> Federal prisoner.

Then this country is in serious trouble when a prisoner can be held for weeks
without a bail hearing.  If memory serves, even the Supreme Court has ruled
on cases regarding how long one can be held without a hearing, and under what
circumstances one can be held without bail.  This is an absolute crock.

On the other hand, if it can be shown that the Government delay is excessive,
the charges against Sklyarov can be dismissed (Strunk v. US) - maybe that's
what this whole thing is about...

The FBI agents (who are named in the affidavit, by the way) should be brought
up on criminal charges - 18 USC 1983 comes to mind... they *knew*, or should
have known, that Sklyarov had committed no crime while in this country, and
they have a duty to the law to see that the law is upheld.  "Fidelity, Bravery,
and Integrity", indeed.
--
Ed Carp, N7EKG  	erc at pobox.com		214/986-5870 cell phone
http://www.pobox.com/~erc

I sometimes wonder if the American people deserve to be free - they seem
so unwilling to fight to preserve the few freedoms they have left.