D I S C R I M I N A T I O N    &    N A T I O N A L    S E C U R I T Y    I N I T I A T I V E    --    B L O G
  DNSI Home - http://pluralism.org/affiliates/kaur_sidhu/
  Pluralism Project - http://www.pluralism.org
  Harvard University - http://www.harvard.edu


Thursday, December 01, 2005

Padilla Ruling in Jeopardy?

In an unexpected move, the U.S. Court of Appeals for the Fourth Circuit asked the Justice Department for more information on whether it should vacate its ruling that Padilla could be detained as an "enemy combatant" without charge.

In particular, according to a Reuters report, "The court said the government must explain why it used different facts to justify Padilla's military detention from those included in last week's indictment that charged Padilla with conspiracy to murder and aiding terrorists abroad."

The government had initially argued -- and publicly stated -- that Padilla was, in effect, the "dirty bomber." Georgetown University law professor David Cole said, "The court seems perturbed at the radical disconnect between what the Justice Department told it about Padilla and what it is willing to try to prove to a jury now that he's been indicted."

Padilla was indicted last week in an apparent attempt by the administration to bypass a possible adverse ruling from the Supreme Court of the United States. In performing this legal maneuver, the government also expected that the Fourth Circuit's ruling would stand. This latest development, however, calls into question whether the government may be able to rely on the precedent that an enemy combatant in Padilla's situation can be held (for three years) without charge.

Previous posts on the Padilla matter are available here, here, and here.

DNSI     direct link     0 comments   Email post: 



0 Comments:
Post a Comment

<< Home



About DNSI

The Discrimination & National Security Initiative (DNSI) is a research entity that examines the mistreatment of minority communities during times of military action or national crisis.

More Info:
DNSI Home Page




The Blog

Why a Blog?
The purpose of this web-log is to offer news and commentary in a fluid, dynamic format while our more substantive reports are forthcoming.

Recent Posts
CBI Files 2 Cases Arising from 1984 Pogroms
LA Times: Jose Padilla's America
Internment Survivor Noriyuki "Pat" Morita Dies
Praying Muslims Allegedly Profiled at NFL Game (up...
After Three Years, Padilla Finally Charged
Uncovering Muslim Identity
Chicago Civil Rights Activists Urge “Middle Easter...
Op-Ed: “Voting at Mosque Brings Issues to Light”
Man Who Fired at Philadelphia Mosque Charged with ...
ISNA Cleared in Senate Investigation

Archives
04/01/2005 - 05/01/2005
05/01/2005 - 06/01/2005
06/01/2005 - 07/01/2005
07/01/2005 - 08/01/2005
08/01/2005 - 09/01/2005
09/01/2005 - 10/01/2005
10/01/2005 - 11/01/2005
11/01/2005 - 12/01/2005
12/01/2005 - 01/01/2006
01/01/2006 - 02/01/2006
02/01/2006 - 03/01/2006
03/01/2006 - 04/01/2006
04/01/2006 - 05/01/2006
05/01/2006 - 06/01/2006
06/01/2006 - 07/01/2006
07/01/2006 - 08/01/2006
08/01/2006 - 09/01/2006
09/01/2006 - 10/01/2006
10/01/2006 - 11/01/2006
11/01/2006 - 12/01/2006
12/01/2006 - 01/01/2007
01/01/2007 - 02/01/2007
02/01/2007 - 03/01/2007
03/01/2007 - 04/01/2007
04/01/2007 - 05/01/2007
05/01/2007 - 06/01/2007
06/01/2007 - 07/01/2007
07/01/2007 - 08/01/2007
08/01/2007 - 09/01/2007
09/01/2007 - 10/01/2007
10/01/2007 - 11/01/2007
11/01/2007 - 12/01/2007
12/01/2007 - 01/01/2008
01/01/2008 - 02/01/2008
02/01/2008 - 03/01/2008
03/01/2008 - 04/01/2008
04/01/2008 - 05/01/2008
05/01/2008 - 06/01/2008
06/01/2008 - 07/01/2008
07/01/2008 - 08/01/2008
08/01/2008 - 09/01/2008
09/01/2008 - 10/01/2008
10/01/2008 - 11/01/2008
11/01/2008 - 12/01/2008
12/01/2008 - 01/01/2009
01/01/2009 - 02/01/2009


Etc...

Religious Diversity News-Pluralism Project









Blogroll
Into the Whirlwind
Human Rights in India
IntentBlog
Ethnic Confusion Britain
MrSikhNet
Anil Kalhan
Islamicate
Ultrabrown
Sepia Mutiny

Feeds, etc.











(c) 2005 Discrimination & National Security Initiative 1531 Cambridge Street Cambridge, MA 02138