Word: padilla
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...Padilla is better known as the “Dirty Bomber,” the American citizen who, according to government officials, received explosives training from al Qaeda operatives in Pakistan and Afghanistan, and later plotted with al Qaeda lieutenant Abu Zubaydah to detonate a radiological bomb in the United States. Padilla was arrested at Chicago’s O’Hare International Airport in May 2002. Since being classified as an enemy combatant, he has been detained in a South Carolina naval brig...
...Quirin decision should be required reading for those who think the Bush administration has abandoned constitutional precedent by designating captured terrorist Jose Padilla an “enemy combatant” and holding him without trial. Indeed, the administration has relied heavily on Quirin as the basis of its argument in Rumsfeld v. Padilla, a watershed case now before the Supreme Court...
Last December, New York’s Second Circuit Court of Appeals ruled, in a 2-1 decision, that the Quirin precedent did not give Bush the authority to exercise military jurisdiction over U.S. citizens such as Padilla. It ordered that Padilla be released within 30 days or else formally charged in a civilian court, claiming his detention was illegal under Title 18, Section 4001(a) of the U.S. Code. Known as the “Non-Detention Act,” Section 4001(a) states, “No citizen shall be imprisoned or otherwise detained by the United...
Rumsfeld v. Padilla is closely related to another case currently before the Court: Hamdi v. Rumsfeld, which concerns a U.S. citizen, Yaser Hamdi, captured in Afghanistan fighting with the Taliban. The issue at stake is whether the president can hold him indefinitely as a battlefield detainee. Richmond’s Fourth Circuit Court of Appeals has affirmed this right as a constitutional war power...
...root, the premises of Padilla and Hamdi are twofold. First, America is either justified in responding to al Qaeda and its allies by invoking the laws of war—as opposed to relying on the criminal-justice system—or it isn’t. Second, our enemies’ terrorist methods are either legal under the rules and customs of war, or they aren’t. No amount of pedantic hairsplitting over “civil rights” and “due process” is going to work if it ignores those awkward...