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Padilla Case Goes to U.S. Supreme Court
U.S. “dirty bomb” suspect Jose Padilla is taking the challenge against his continued imprisonment to the U.S. Supreme Court, the Los Angeles Times reported today (see GSN, Sept. 12). Padilla has been held for more than three years as an “enemy combatant” without facing charges. Authorities said after Padilla’s arrest in 2002 that he had planned to detonate a radiological weapon within the United States. However, the focus now is on allegations that he fought against the U.S. military in Afghanistan and is a dangerous enemy combatant, according to the Times. Padilla’s lawyers argued yesterday in a brief to the Supreme Court that holding a U.S. citizen without filing charges violates the Constitution. They are seeking a ruling that the Bush administration exceeded its powers by imprisoning “without charge an American citizen arrested on American soil” during a war on terrorism of “indeterminate” term and span. The Bush administration has countered that wartime powers allow the president to keep enemy combatants in custody for an indefinite period, the Times reported. Padilla could be freed if his case goes to trial, and he could then use force to oppose the United States, according to prosecutors (Richard Serrano, Los Angeles Times, Oct. 28).
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