Padilla case on faster track
Lawyers for terrorist suspect Jose Padilla are moving their case on a faster track to the Supreme Court, bypassing any plea for additional review in the Fourth Circuit. In a brief order Friday, the Circuit Court agreed to issue immediately its formal order making final its Sept. 9 ruling against Padilla. His counsel had sought that on Monday.
In its decision last month, the Fourth Circuit ruled that the President’s authority to order the detention of suspected terrorists extended to seizures of U.S. citizens inside this country. Padilla was captured at O’Hare Airport in Chicago upon returning from Pakistan. The Supreme Court in 2004 had upheld such detentions of citizens when they had been captured overseas in a battle zone. The Fourth Circuit said the location of capture made no constitutional difference, so long as the suspect “took up arms against United States forces” in Afghanistan and was associated with “hostile forces.”
Padilla had until later this month to ask the Circuit Court to reconsider his case en banc, but his attorneys passed up that opportunity. With the issuance of the mandate Friday, they are free now to go directly to the Supreme Court. They have until early December to file their petition in Washington. But, since they appear to want to get the case acted on finally during the current Term, they probably will file the petition promptly.
(Thanks to Richard Samp of Washington Legal Foundation for the heads-up on the mandate order.)
Roman use of enemy combatant status (declared as enemy combatants aka in treasonous or treasonous [warlike] acts) by Executive (Emporor) and his Jurisconsults (legal experts/Department of Justice) as mechanism for capture of slaves and forced servitude.
Under such declaration by the Executive, all other law suspended under the “laws of nations” in time of war. Later, was Church leadership blended with Exec branch in midevil England, Heresy added to treason as warlike act against state, becomes basis for Inquisition. Finaly, Daniel Webster cites this legal basis in 1850 Constitution speech as the legal foundations for slavery in the United States.
http://sanfrancisco.tribe.net/listing/The-well-established-historical-laws-of-enemy-combatants-Updated-wcorrection/san-francisco-ca/b6944390-f5f2-4d62-a453-6968f74e415b?nextpage=http%3A%2F%2Fsanfrancisco.tribe.net%2Fhome%3Fr%3D10535&r=10535
Other related docs including posse commitatus analysis of Military Order arrest warrant for Jose Padilla (written in passive tense, you are ordered to “receive” Mr Padilla into custody written as such because they knew it violated Posse. Anlysis linked on page.)
Also linked-UN definitions on Human Trafficking and coerced servitude., a 32 page FBI civil rights complaint if filed at SF FBI the WILL NOT ACKNOWLEGE RECEIT OF.
Comment by Ed Donegan — October 16, 2005 @ 4:21 am