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Second Circuit Decision re Enemy Combatants
Does anybody have a link to the Second Circuit decision in the Padilla case?
This should be interesting: As I heard the case summarized, the panel (2 Bush appointees, 1 Clinton appointee) held as follows:
(1) 3-0 _against_ the government position that the Executive has the authority to detain U.S. citizens as enemy combatants and hold them indefinitely in a miiltary prison, without access to attorneys and without the ability to seek judicial review of the facts allegedly justifying their dentention.
(2) (In a bit more of a surprise) 2-1 _against_ the government position that the President has the inherent authority to detain people on national security grounds, without authority from Congress. Panel held NO -- especially given that in 1971, Ciongress repealed a law permitting such national security detentions by the Executive and enacted another law expressly prohibiting such detentions. (delayed reactrion to the Korematsu facts)
So now -- Congress will hav to stand up and take a position.
S_A_M
(Am I alone in finding it disturbing that our government would take position No. 1? (Interstingly, tehy took the same position in Hamdi as well - - but then gave him a lawyer anyway before the S.Ct. decided on the cert. petition.) Sorry, wait Mr. Ashcroft, No! I'm not an enemy combatant, honest!)
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"Courage is the price that life extracts for granting peace."
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