Padilla lawyers to ask for ‘Review of Powers’
Lawyers for Jose Padilla, a U.S. citizen held as an “enemy combatant” for nearly four years, want the Supreme Court to resolve how much power a president has while the nation is at war.
Lawyers Donna Newman and Andrew Patel told the high court in papers filed Tuesday that the justices must step in “to preserve the vital checks and balances” on the president.
They cited the Bush administration’s interpretation of the president’s war powers to justify its decision to hold Padilla — until recently — without charges in a military brig in South Carolina.
Padilla’s lawyers also said President Bush abused his war powers authority by approving warrantless surveillance of conversations between people in the United States and abroad who had suspected terrorist ties.
December 28th, 2005 at 4:06 pm
I’d be interested in how this turns out. So far, the courts and SCOTUS have allowed limited warrantless earches. Consdering the spirited debate we are having below, I think SCOTUS needs to get involved. Considering SDO’Conner will be leaving soon, we may get a decision based on American case law and the Constitution. She has a history of looking to international law and the law of other countries to make her decisions. Kind of creepy…
December 29th, 2005 at 12:07 am
O’Conner