Tuesday, November 22, 2005

The End of the Enemy Combatant Saga? Jose Padilla Indicted by Grand Jury

The Washington Post is reporting that Jose Padilla, the alleged dirty bomber held for three years as an "enemy combatant", has been indicted by a federal grand jury for conspiring to commit terrorist attacks overseas. Interestingly, the indictment does not include the "dirty bomb" charges that were the basis for Padilla's detention as an enemy combatant.

The obvious reason for bringing this indictment is to avoid a coming showdown in the U.S. Supreme Court over Padilla's detention. As a U.S. citizen, Padilla's detention was probably going to be reversed by the current Court's membership, and even a future court's membership, with Justice Scalia poised to order Padilla's release.

This avoids the enemy combatant issue for U.S. citizens, at least right now. But the issue of the President's authority to hold enemy combatants who are not U.S. citizens, mostly in Guantanamo Bay. That issue may yet be litigated. Or it may not, depending on whether Congress acts to endorse the President's detention of those aliens in Guantanamo.

This is a smart move strategically (less so, from a principled point of view). It may be the last piece in the Bush Administration's retreat from its more aggressive legal positions in the conduct of the war on terrorism. If Congress acts on McCain-Graham, the Bush Administration may yet avoid final court battles on all of its positions. We'll see.


Blogger rothmatisseko said...

the scotus will hear cases involving executive authority to deprive detainees any due process.

it's in the constitution--the text even. the originalists on the court could score points with both conservative legalists and social liberals.

11/27/2005 2:52 PM  
Blogger poston said...

There are ed hardy shirts
,pretty ed hardy shirt for men,

ed hardy womens in the ed hardy online store

designed by ed hardy ,
many cheap ed hardy shirt ,glasses,caps,trouers ed hardy shirts on sale ,

You can go to edhardyshirts.com to have a look ,you may find one of ed hardy clothing fit for you
Top qualitymen's jacket,
These cheap jacket are on sale now,you can find
north face jackets inmage on our web
Ralph Lauren Polo Shirtsbuberry polo shirts

Authentic chaussure puma
chaussure sport
And chaussure nike shoes
Come here to have a look of our Wholesale Jeans
Many fashionMens Jeans ,eye-catching
Womens Jeans ,and special out standing
Blue Jeans ,you can spend less money on our
Discount Jeans but gain really fine jeans, absolutely a great bargain.


7/08/2009 5:30 AM  
Blogger Adi said...

Oes Tsetnoc one of the ways in which we can learn seo besides Mengembalikan Jati Diri Bangsa. By participating in the Oes Tsetnoc or Mengembalikan Jati Diri Bangsa we can improve our seo skills. To find more information about Oest Tsetnoc please visit my Oes Tsetnoc pages. And to find more information about Mengembalikan Jati Diri Bangsa please visit my Mengembalikan Jati Diri Bangsa pages. Thank you So much.

11/19/2009 8:39 AM  
Blogger beautifuls said...

Buy Cheap Fluro Cambridge Satchel Cambridge Satchel Fluro Fluro Yellow Cambridge Satchel Fluro Pink Cambridge Satchel Cambridge Satchel Fluro Yellow Cambridge Satchel Fluro Pink with lower price and high quality.

2/23/2012 9:43 PM  

Post a Comment

<< Home