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...Justice Department has gained ground in a long-simmering behind-the-scenes struggle with the Pentagon, which has jurisdiction in the cases and has taken an even harder line in its treatment of those captured in the war on terrorism. Justice has long argued that Hamdi--along with Jose Padilla, who has been imprisoned but not charged in a suspected "dirty bomb" plot--should be given an attorney and other legal rights. The Pentagon relented just before a filing deadline in a Supreme Court challenge to Hamdi's detention. Justice has also pushed to have the detainees in Guantanamo charged...

Author: /time Magazine | Title: A Softer Approach? | 12/15/2003 | See Source »

...terrible as 9/11 was, it didn't repeal the Constitution." ROSEMARY POOLER, federal appeals-court judge, considering the case of alleged "dirty bomber" and U.S. citizen Jose Padilla, whom the President designated an "enemy combatant," meaning he could be detained indefinitely and denied access to his lawyer...

Author: /time Magazine | Title: Verbatim: Dec. 1, 2003 | 12/1/2003 | See Source »

...post-9/11 episode that worries civil libertarians the most involves dirty-bomb suspect Jose Padilla, an American citizen who allegedly met with senior al-Qaeda operatives in a plot to detonate a radiological device somewhere in the U.S. Arrested last year at Chicago's O'Hare International Airport, Padilla was classified as an enemy combatant and sent to a naval prison in South Carolina, where he has been denied access to a lawyer. According to government filings, Padilla has been undergoing months of interrogation that could be compromised if lawyers were allowed into the process...

Author: /time Magazine | Title: Civil Liberties: The War Comes Back Home | 5/12/2003 | See Source »

...federal judge in Manhattan has ruled that Padilla must be allowed to meet with his lawyers in order to challenge his enemy-combatant status. But the government maintains that no court has the authority to review that classification. Federal prosecutors have taken a similar position in the case of Yaser Esam Hamdi, a Louisiana-born man who came into U.S. custody after he was captured in Afghanistan, allegedly fighting for the Taliban. He has been declared an enemy combatant as well, held in a Navy prison in Virginia and prevented from seeing attorneys...

Author: /time Magazine | Title: Civil Liberties: The War Comes Back Home | 5/12/2003 | See Source »

...public trial…and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” Yet Jose Padilla, an American citizen suspected of trying make a “dirty bomb,” was arrested in Chicago almost a year ago on secret evidence and declared an “enemy combatant.” He has yet to see an attorney or appear in court...

Author: By David M. Debartolo and Anthony S.A. Freinberg, S | Title: Stealing America's Civil Liberties | 4/21/2003 | See Source »

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