The Second Circuit of the Court of Appeals dealt a severe blow to Bush’s exercise of his “Presidential Powers” by ruling that they can not detain U.S. citizens, arrested on U.S. soil, as “enemy combatants” without allowing the person some access to challenge the detention.
Yippee!!! I say. Although the citizen this ruling aids is vile scum, I, for one, am ecstatic that someone somewhere finally tried to rein in the Presidential power grab that has been going on since 9/11.
Here’s a quick recounting of the case:
On May 8, 2002, a United State’s citizen by the name of Jose Padilla was arrested at O’Hare airport in beautiful Chicago, Illinois, and detained pursuant to a material witness warrant for a grand jury investigation into the atrocity that destroyed the World Trade Center Towers. On June 9, 2002, the government moved to dismiss the subpoena against Padilla, and, instead, Bush issued an order that Padilla was an enemy combatant and ordered that he be held indefinitely by the Department of Defense. For the next 18 months, he was held in a detention facility without access to his family, his lawyers, or any media. He has been repeatedly questioned regarding Al-Qaeda.
After Padilla’s attorney filed a motion for habeas corpus, the District Court hearing the case ordered that Padilla be allowed to speak with his attorney to work on the habeas and to try to prove he was not an ‘enemy combatant.” Rumsfeld refused, and after some more legal wrangling, appealed.
The Second Circuit heard the case. After considering some, what I consider secondary, issues that Rumsfeld raised (that Padilla’s attorney couldn’t file as a friend, that Rumsfeld was the improper party, and that the court didn’t have jurisdiction, the Court considered whether the President has the power to indefinitely detain a U.S. citizen, arrested on U.S. soil, without access to his attorney or the courts.
Thankfully, the Second Circuit said no, he can’t. Rumsfeld had argued that the President has inherent power to detain enemy combatants, regardless of whether they are U.S. citizens on U.S. soil, and relied on a prior case In Re Quirin, which had allowed the detention of saboteurs in WWII. The Second Circuit seems to say that that power is limited by Congress, which has sole authority to suspend habeas, declare war, and to legislate actions. Absent Congressional authority, the President cannot detain American citizens, arrested on American soil.
The Court went on to discuss the Quirin case, and ruled that it was not applicable to Padilla. In Quirin, Congress had granted express Congressional authority to the President to detain and try enemy combatants. Such was not the case here. Second, Quirin was decided before 18 USC 4001(a) was enacted, which requires Congressional authority before detention. Third, the “enemy combatants” in Quirin admitted to being soldiers in an army against which the United States had formally declared war. Not even Rumsfeld has alleged Padilla was a active member in Al-Qaeda. For those reasons, Bush’s order naming Padilla an “enemy combatant” and ordering his detention was unconstitutional.
Rumsfeld then argued that, WAIT, Congress has authorized Bush to take these kinds of actions. The Court looked into the plain language and the legislative history of 4001(a) and determined that it would not allow the detention, even though it was a “military” detention and not a civilian detention. Rumsfeld also argued that the Congressional authorization of the use of force against the perpetrators of 9/11, gave the Congressional authorization needed to Bush. NosirreeBob, the Court said. There was no language in the Congressional act that allowed for the detention of United State’s citizens on United State’s soil. No go, says the Court.
The Court ordered that Padilla be released within 30 days. Padilla may still be held to answer civilian charges, or as a material witness.
So, whatta think?
