NACDL - Padilla v. Hanft

Padilla v. Hanft

NACDL amicus curiae brief in support of Jose Padilla’s petition for a writ of certiorari.

Brief filed: 12/18/2005

Documents

Padilla v. Hanft

United States Supreme Court; Case No. 05-533

Argument

Author and Military Law Committee Co-Chair Donald Rehkopf argues that despite Padilla’s indictment in a federal court in Florida, his military detention claims are not moot and that certiorari should be granted in order to resolve the continuing constitutional issues, i.e., whether the president may lawfully detain a civilian U.S. citizen indefinitely in military custody and whether the term “enemy combatant” has legal significance.

Author(s)

Donald Rehkopf, Brenna & Brenna PLLC, Rochester, NY.