Free Republic
Browse · Search
Topics · Post Article

Skip to comments.

Padilla Lawyers Link Case to Wiretapping Probe
ABC News ^ | 12/28/2005 | Ariane DeVogue

Posted on 12/28/2005 11:38:08 AM PST by listenhillary

Padilla Lawyers Link Case to Wiretapping Probe Arguments Part of Supreme Court Filing Dec. 28, 2005 — - Lawyers for "dirty bomb" suspect Jose Padilla have filed a brief with the Supreme Court urging it to take Padilla's case, linking it to the National Security Agency wiretapping controversy.

The brief, filed yesterday, uses strong language against the government for its treatment of Padilla, who was arrested as an "enemy combatant" in June 2002 and indicted by a federal grand jury last month.

"The government continues to defend this sweeping view of the president's power to substitute military rule for the rule of law," the brief states, "and seeks now to expand it further, arguing that the very authorities that it says justify the indefinite detention without charge of citizens also justify widespread spying on citizens without judiciary warrant or congressional notification."

The filing further states: "The government's most recent move is only the latest in a series of strategic maneuvers calculated to insulate its treatment of detainees in the 'war on terror' from judicial review. The government has now changed its story about Padilla for the fourth time in three years."

The filing comes a week after a federal appeals court refused a Bush administration request to transfer Padilla from military to civilian custody to stand trial on terrorism charges. The Dec. 21 ruling from the Fourth Circuit Court of Appeals suggested that the judges were concerned about the appearance that the Justice Department was trying to prevent the Supreme Court from reviewing an earlier ruling from the Fourth Circuit that Bush has the authority to detain Padilla, an American citizen, indefinitely without trial as an enemy combatant.

The New York Times reported today that other defense lawyers in terrorism cases say they plan to bring legal challenges to determine if the NSA illegally used wiretaps to gather evidence against Muslim men with ties to al Qaeda.

The indictment naming Padilla and four others was unsealed in November after it was returned by a federal grand jury in Miami. While the charges allege Padilla was part of a U.S.-based terrorism conspiracy, they do not include the government's earlier allegations that he planned to carry out attacks in America.

"The indictment alleges that Padilla traveled overseas to train as a terrorist with the intention of fighting a violent jihad," Attorney General Alberto Gonzales said at a news conference. Gonzales declined to comment on why none of the allegations involving attacks in America were included in the indictment.

Padilla, a Brooklyn-born Muslim convert, had been held as an enemy combatant in Defense Department custody. The Bush administration had resisted calls to charge and try him in civilian courts.

ABC News' Ariane DeVogue contributed to this report.

Copyright © 2005 ABC News Internet Ventures

TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Foreign Affairs; Government
KEYWORDS: 4thcircuit; dirtybomb; doj; enemycombatant; fourthcircuit; homelandsecurity; jihadinamerica; johndoe2; josepadilla; nsa; padilla; patriotleak; scotus; spying; terrortrials
Saddam & Padillia should be making payments to the Democrats for their defense strategies.
1 posted on 12/28/2005 11:38:10 AM PST by listenhillary
[ Post Reply | Private Reply | View Replies]

To: listenhillary
Will the American "sheeple" ever realize the Democrats are aiding the enemy?
2 posted on 12/28/2005 11:45:01 AM PST by Freedom Blitz
[ Post Reply | Private Reply | To 1 | View Replies]

To: listenhillary

No, this guy has nothing to do with Ok. Nope, he's not John Doe #2. Walk away. Nothing to see here.

3 posted on 12/28/2005 11:46:51 AM PST by mtbopfuyn (Legality does not dictate morality... Lavin)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mtbopfuyn
"No, this guy has nothing to do with Ok. Nope, he's not John Doe #2. Walk away. Nothing to see here."

At this time, I will refrain from donning my tinfoil hat, but the resemblance is indeed striking.
4 posted on 12/28/2005 12:01:55 PM PST by ndt
[ Post Reply | Private Reply | To 3 | View Replies]

To: listenhillary

All the more reason the Justice Dept should come down HARD on the leaker. This has got to stop. It is causing serious injury to our country.

5 posted on 12/28/2005 12:09:52 PM PST by upchuck (Article posts of just one or two sentences do not preserve the quality of FR. Lazy FReepers be gone!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: upchuck

Aldrich Ames should have tried this defense strategy.

6 posted on 12/28/2005 12:19:07 PM PST by listenhillary ("Mainstream media" is creating it's own reality~everything sucks)
[ Post Reply | Private Reply | To 5 | View Replies]

To: listenhillary
Lawyers for "dirty bomb" suspect Jose Padilla...

I'm pretty sure the government decided to forget about the 'dirty bomb' business. He's now charged with something else.

7 posted on 12/28/2005 12:50:29 PM PST by Grut
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794 is powered by software copyright 2000-2008 John Robinson