![]() At first, Padilla was detained as a "material witness." Then, if I recall correctly, the Administration alleged that he was coming to the U.S. The Government's explanation of why Padilla was detained - and why he was an "enemy combatant" covered by the AUMF - has been a constantly moving target. criminal laws, so as to authorize their indefinite detention - that is, detention until the war against Al Qaeda ends - without trial? I must concede, however, that it's very difficult to figure out how to challenge Judge Luttig's logic about why such a conclusion follows from the plurality decision in Hamdi (and from Quirin, to the extent one thinks that case should have any precedential value), once one accepts the following alleged "fact," on which Luttig places great emphasis: citizens who are detained here at O'Hare Airport and suspected of conspiring to violate U.S. ![]() under circumstances such as those in the Padilla case: Would Congress truly have intended to supersede the ordinary civil justice system for U.S. ![]() To the extent actual legislative intent matters, I find it very difficult to believe that Congress actually "intended," through the AUMF, to authorize the indefinite detention of American citizens captured in the U.S. (Thanks to Howard Bashman for the link.) A full account from Lyle Denniston can be found here. Court of Appeals for the Fourth Circuit (per Judge Luttig, joined by two Clinton appointees, Judges Michael and Traxler) today upheld the detention of Jose Padilla as having been authorized by Congress's September 2001 Authorization to Use Military Force (AUMF). University of Chicago Law School Faculty Blog Rothman's Roadmap to the Right of Publicity Reporters Committee For Freedom of the Press International Economic Law and Policy Blog The Anti-Torture Memos (arranged by topic) The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC ![]() Sabeel Rahmansabeel.rahman at Ĭompendium of posts on Hobby Lobby and related cases ![]()
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