Word: newman
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...June 26, the government counterpunched, filing a motion to dismiss Newman's petition. ("Notice there are 12 names on every one of their briefs, and just the two of us," Newman observes wryly. "The usual odds.") The prosecution attorneys, led by U.S. Attorney James B. Comey, argued that Newman can't name Bush and Rumsfeld as respondents, since they aren't technically Padilla's jailers, and that because Padilla is now being held in South Carolina, he is outside the New York court's jurisdiction. They even suggested that the President is legally untouchable: "A court of the United States...
...Newman and Patel were developing an enormously effective legal chemistry. They share a gluttonous appetite for work, and they make a natural good cop-bad cop team. "Our personalities fit together. He's the nice one," she admits. "I'm very aggressive. He calms me down." They worked out a division of labor, splitting up the petition into chunks according to who had expertise in what, swapping drafts and editing each other's work. "We've pulled some fairly close to all-nighters," says Patel. "Things where we say, 'We just have to do X, and we don't leave...
...page reply to the government's motion to dismiss, defending Newman's status as Padilla's representative and her right to name President Bush--since he is the one who ordered Padilla put away, Newman and Patel argued, Bush is the only one who can set Padilla free. As for whether the court has power over the President, Newman and Patel argued that "to hold otherwise would be to recognize an imperial Presidency that our Constitution was designed to prevent." Newman added a charge of "forum shopping"--that the government had deliberately moved Padilla to a jurisdiction where he will...
...winning? At this point Newman is just fighting for the right to keep on fighting, and by that standard she is doing pretty well. On July 31, Judge Mukasey summoned both sides to his chambers and asked them to file briefs expanding and clarifying their points of view. Newman's brief is due on Sept. 13--a Friday. It's a victory of sorts: Mukasey could have dismissed the matter on the spot or had it moved to South Carolina, but he didn't. The hearing also had a surprise special guest: Principal Deputy Solicitor General Paul Clement, a conservative...
...Newman is arguing her other cases and commuting from New Jersey to New York. "I spend my life in the Holland Tunnel," she says, sighing. But Padilla v. U.S.A. has swallowed her summer. "I haven't been to the shore once," she says. "I went to Fire Island. I was one block from the beach, and I stayed inside the entire time." She sends letters to Padilla but has no idea if he is getting them. She keeps in touch with his family. Civil-liberties groups besiege her with offers of publicity and free legal advice, but she ignores them...