ISIS: STATE OF TERROR
LINKSBlogs of War
Making Sense of Jihad
Views from the Occident
American Al Qaeda Members
News, documents and analysis on violent extremism
Wednesday, February 11, 2004
Executive Branch Moves To Undercut Padilla SuitThe Pentagon announced today that it will allow Jose Padilla to have access to a lawyer, under unspecified "security restrictions."
The announcement, coming just weeks before the Supreme Court would have ruled in Padilla's legal suit seeking access to counsel.
In a sharp reversal of its previous claims, the Pentagon says that allowing Padilla to consult a lawyer will not compromise national security. In court arguments at the circuit level, the Defense Department had argued that national security would be gravely harmed if Padilla's interrogation was interrupted or if he was allowed contact with the outside world.
Today's announcement notably omitted any mention of when such a meeting would take place, under what circumstances and whether Donna Newman, the lawyer currently acting on Padilla's behalf, would be allowed to meet him or if another lawyer would be appointed.
The move to allow access was mostly likely spurred by the government's desire to avoid setting a legal precedent on how it must treat enemy combatants. A similar move by the Pentagon allowed another enemy combatant and U.S. citizen, Yaser Hamdi, a single meeting (so far) with a lawyer earlier this month.
However, the move may not prevent the Supreme Court from ruling on the broad issue of constitutional rights in the context of the War on Terror. Having accepted the case, the High Court may well choose to rule on both Padilla and Hamdi, who were detained under markedly different circumstances and may be subject to different resolutions.
For more on the Jose Padilla case, read the INTELWIRE Backgrounder dated 1/12/2004.
Views expressed on INTELWIRE are those of the author alone.
Tweets referencing this post:
"...smart, granular analysis..."ISIS: The State of Terror
"Jessica Stern and J.M. Berger's new book, "ISIS," should be required reading for every politician and policymaker... Their smart, granular analysis is a bracing antidote to both facile dismissals and wild exaggerations... a nuanced and readable account of the ideological and organizational origins of the group." -- Washington Post
More on ISIS: The State of Terror
"...a timely warning..."Jihad Joe: Americans Who Go to War in the Name of Islam:
"At a time when some politicians and pundits blur the line between Islam and terrorism, Berger, who knows this subject far better than the demagogues, sharply cautions against vilifying Muslim Americans. ... It is a timely warning from an expert who has not lost his perspective." -- New York Times
More on Jihad Joe
Neo-Nazi May Save Terry Nichols From Death Chamber...
ANALYSIS: New MS Claims Elohim City Link to OKC Bo...
Benevolence-Linked Palestinian Charged in Florida
INTELWIRE Backgrounder: Jose Padilla
New York Pipe Bomb Suspect Linked to Revolution Muslim
The Utility of Lone Wolves
Interview with Online Jihadist Abu Suleiman Al Nasser
A Way Forward for CVE: The Five Ds
How Terrorists Use The Internet: Just Like You
PATCON: The FBI's Secret War on the Militia Movement
Interview About Jihad With Controversial Cleric Bilal Philips
Forgeries on the Jihadist Forums
U.S. Gave Millions To Charity Linked To Al Qaeda, Anwar Awlaki
State Department Secretly Met With Followers of Blind Sheikh
State Department Put 'Political Pressure' On FBI To Deport Brother-in-Law Of Osama Bin Laden In 1995
FBI Records Reveal Details Of Nixon-Era Racial Profiling Program Targeting Arabs
Gaza Flotilla Official Was Foreign Fighter in Bosnia War
U.S. Had 'High Confidence' Of UBL Attack In June 2001
Behind the Handshake: The Rumsfeld-Saddam Meeting