Friday, September 09, 2005
Court Upholds Holding Jose Padilla Without Charge
A US court has over-ruled a lower court decision that made the radical charge that under the US Constitution you need to be charged with a crime if you are to be held by the state. "The three-judge panel ruled that President George Bush had the power to detain Mr Padilla, based on the resolution authorising military force which was approved by Congress in the aftermath of the 11 September attacks." Here's some detail from the BBC.
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Thanks for the link. I'll use this in my paper on the Patriot Act for my Political Science this semester.
I wish the article would've discussed the reason behind Yasser Hamdi being freed last year, while Padilla didn't. I wonder what the legal distinction was for that. If I'm not mistaken, Hamdi was arrested during Operation Enduring Freedom in Afghanistan, Padilla was caught in Chicago after returning from an al Qaeda camp in Peshawar.
Very interesting.
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