Padilla Released from Military Custody

posted Dec 18, 2003

I GUESS IT'S NOT 1984 YET: The Second Circuit has ordered the release of Jose Padilla. Here's a link to the opinion, but I can't get it to open -- the server seems to be saturated at the moment. Judging by the Reuters story, the court put emphasis on Padilla's American citizenship, and on the fact that he was on American soil -- both appropriate considerations in my opinion.

via Instapundit

This is a very important case that severely weakens what is by far the scariest aspects of recent government legislation, the ability for the Executive branch to simply declare you as an enemy combatant and essentially strip you of your Constitutional rights on little more then an assertion. I'm at work so I can't track this down as much as I'd like but I'm very happy to see this.

Note this doesn't mean Padilla is walking out a free man, just that as an American citizen, he must be tried normally, with all due process and rights. This is correct and proper. Once a man is detained, there is no conceivable benefit in cutting corners on Justice, and much possible harm.


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