The Administration counted votes and figured that even with a replacement for Justice O'Connor, it would likely lose in the Supreme Court. Now it has backtracked in one of the most prominent cases and done precisely what it said it could not do- treat Padilla as a criminal defendant. It has insisted that 9/11 changed everything and that terrorism must be dealt with through novel methods that dispense with the ordinary protections that the Constitution affords the accused. Since 9/11 the Bush Administration has sharply criticized others for daring to suggest that citizens accused of terrorism should be dealt with through the criminal justice system. In today's indictment, the Justice Department alleges neither act instead it claims that Padilla had traveled abroad to become "a violent jihadist" and that he had conspired to send "money, physical assets and new recruits" overseas to engage in acts of terrorism." Later the Justice Department changed that to an allegation that he planned to set fire to (or blow up) an apartment building in Chicago. Originally the Justice Department claimed that Padilla had planned to detonate a "dirty bomb" (i.e., one that would explode radioactive nuclear waste) in the United States.
government formally indicted Jose Padilla, an American citizen arrested in the United States who had been held as an enemy combatant for three years outside the reach of the criminal justice system. 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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