YDATL Blog NOTE: The opinions expressed by our individual bloggers are their own, and not necessarily those of Young Democrats of Atlanta.
Monday, February 28, 2005
District Court Grants Padilla Petition
Balkinization: "The District Court held that the President did not have authority to hold Padilla as an enemy combatant under the terms of the September 18th, 2001 Authorization of Military Force against Al Qaeda (AUMF). It followed Justice O'Connor's plurality opinion in Hamdi, which read the AUMF quite narrowly to cover the right to detain persons fighting against American forces and captured on the battlefield. Hamdi, the court explained, was arrested at O'Hare Airport and held as a material witness. He was not arrested carrying arms on a foreign battlefield."