4th Circuit holds for gvt in Padilla

[Bobby Chesney]

The Fourth Circuit, in an opinion by Judge Luttig reversing the decision 
below, has held that the government has authority to hold Jose Padilla 
in military custody.  Here is a brief summary:

The opinion relies on statutory rather than constitutional grounds, 
finding that the 9/18/01 Authorization for Use of Military Force 
authorizes the detention.  Emphasizing stipulated facts in the record 
concerning Padilla's involvement with al Qaeda in Afghanistan, the court 
found that Padilla was as much an "enemy combatant" as was Yaser Hamdi.  
The court rejected the argument that there are geographic restrictions 
on the ability to detain persons who otherwise qualify as enemy combatants.

Apropos of the discussion earlier today on the ConLawProf list, the 
court distinguished /Ex parte Milligan/ on the ground that /Ex parte 
Quirin /establishes that /Milligan/ does not apply to enemy combatants.

The decision is posted at:
http://pacer.ca4.uscourts.gov/opinion.pdf/056396.P.pdf


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