Court should tell Bush Administration that law does not support detention of Padilla
NACDL and its affiliate argue for due process for alleged ''dirty bomber''
Washington, DC (July 12, 2002) -- Saying that the Bush Administration is incorrect in its interpretation of legal issues ranging from venue to the power of the president as commander in chief, state and federal criminal defense bar groups today filed an amicus curiae brief calling on the government to follow the law by giving accused "dirty bomber" Jose Padilla a lawyer and a chance to face his accusers in court.
The National Association of Criminal Defense Lawyers and its New York State affiliate, the New York State Association of Criminal Defense Lawyers, filed the brief on behalf of Padilla in a civil action brought by Padilla''s counsel in the federal court for the Southern District of New York.
Donald G. Rehkopf, Jr., co-chair of NACDL''s Military Law Committee, says that the government''s contention that President Bush''s actions as commander in chief are above the law are unfounded. "Washington and Jefferson both rejected this argument during their terms. The Supreme Court has repeatedly affirmed that absent a declaration of martial law, citizens may not be imprisoned by our military."
If the government claims that Padilla is acting on behalf of an enemy, he should still be afforded, under the Geneva Conventions, a hearing as to whether or not he is entitled to prisoner of war status, says Rehkopf.
He also argues that the government cannot circumvent jurisdiction of the court by moving Padilla to another location, and that there is no legal justification for not allowing him to have contact with legal counsel.
The case is Padilla v. Bush, et al, SDNY No. 02-Civ-4445 (MBM).
Rehkopf can be reached at (585) 754-2000 (office) or (585) 454-0568 (home).
Joshua Dratel, co-chair of NACDL''s Amicus Curiae Committee, can be reached at (212) 732-0707 (office) or (917) 754-1696 (cell).
A summary of the brief is available at http://www.nacdl.org/public.nsf/ENews/2002e66?opendocument.