James Joyner has a lengthy, and interesting post on Padilla that squares with my position.
And Michelle Malkin has a lengthy and interesting post that doesn’t.
Part of the problem with Michelle’s argument regarding the Joint Resolution of Congress that she cited is twofold: a) as James notes, an item passed by Congress cannot conflict with the Constitution, and to apply S.J.Res.23 to US citizens arrested on US soil, one runs afoul of Vth, VIth and XIVth Amendments, and b) the Resolution is clearly aimed at the foreign policy/military actions that the President would take, not domestic law enforcement.
To read S.J.Res.23 as Michelle does would be to imbue the President with limitless power within the borders of the US to do whatever he deemed necessary if he thought it related to terrorism. Such an interpretation is an invitation to utter disaster.
March 1st, 2024 at 1:16 pm
Judge Orders Shoe Bomber Released or Tried in Civilian Court
Ex Parte Milligan does not apply in the case of shoe-bomber Jose Padilla–therefore a military court may be used to try him.
March 1st, 2024 at 11:19 pm
Padilla must be charged or released
WYFF A federal judge in Spartanburg has ordered that an American citizen held as an enemy combatant in a Navy brig in Charleston should be charged with a crime or released. U.S. District Judge Henry F. Floyd ruled Monday that…