ACLJ Asks Supreme Court to Support President Bush's Powers in Jose Padilla Terrorism Case.Business Editors WASHINGTON--(BUSINESS WIRE)--March 17, 2004 The American Center The American Center is a high-rise tower in Southfield, Michigan. It was built in 1975 and stands at 26 floors, with one basement floor, for a total of 27. The building's main use is that of a typical office tower. It also includes a parking garage and retail spaces. for Law and Justice, an international public interest law firm, today filed an amicus brief with the Supreme Court asking the high court to determine that President Bush acted appropriately when he made a decision to hold Jose Padilla, an American citizen seized on U.S. soil as a terrorism suspect, as an enemy combatant Captured fighter in a war who is not entitled to prisoner of war status because he or she does not meet the definition of a lawful combatant as established by the geneva convention; a saboteur. The U.S. in a military brig in South Carolina South Carolina, state of the SE United States. It is bordered by North Carolina (N), the Atlantic Ocean (SE), and Georgia (SW). Facts and Figures Area, 31,055 sq mi (80,432 sq km). Pop. (2000) 4,012,012, a 15. . "It is clear that the constitution provides the President with the authority to take appropriate action to protect Americans in this ongoing war on terrorism Terrorist acts and the threat of Terrorism have occupied the various law enforcement agencies in the U.S. government for many years. The Anti-Terrorism and Effective Death Penalty Act of 1996, as amended by the usa patriot act and that is exactly what President Bush did in this case," said Jay Sekulow, Chief Counsel of the ACLJ ACLJ American Center for Law and Justice ACLJ Appleseed Center for Law and Justice (Washington, DC) . "The President was correct in determining that Jose Padilla is an enemy combatant and his detention is not only constitutional, but necessary in the context of protecting America from future acts of terrorism. Given the unique events of September 11th and the unique nature of the war on terrorism, the President deserves the latitude and benefit of the doubt as he seeks to wage an effective war against terrorism. The decision to hold Padilla and classify him as an enemy combatant is a decision that correctly resides with the President as Commander-in-Chief, not with the courts." The ACLJ brief argues that Padilla, who has been held since 2002 as a suspect in an alleged al-Qaeda plot to detonate det·o·nate intr. & tr.v. det·o·nat·ed, det·o·nat·ing, det·o·nates To explode or cause to explode. [Latin d a radioactive "dirty bomb" in the U.S., is an enemy combatant - not subject to the jurisdiction of U.S. courts. The brief, which is posted at www.aclj.org., contends that the President, as Commander-in-Chief, has the "responsibility to formulate and implement policies to protect and defend the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. ." And, the brief asserts that the President "needs and deserves the latitude to develop such policies without undue interference by the Judiciary which, in any case, lacks the competence to deal with such situations." The ACLJ is asking the Supreme Court to overturn a decision by the U.S. Court of Appeals for the Second Circuit, which the ACLJ contends substituted its judgment for the President's in the Padilla case. The brief concludes: "It is the President who must determine the risks and benefits of national policy, not the courts, and it is in times of grave national crisis and danger that the courts must defer to the elected leaders to craft appropriate policies in the nation's interest. This is such a time." The case is Rumsfeld v. Padilla Rumsfeld v. Padilla, , was a United States Supreme Court case, in which José Padilla sought habeas corpus relief against Secretary of Defense Donald Rumsfeld, as a result of his detainment as an "unlawful and is No. 03-1027. The ACLJ filed an amicus brief earlier this month with the Supreme Court in the cases of Rasul v. Bush Rasul v. Bush, 542 U.S. 466 (2004), is a landmark United States Supreme Court decision establishing that the U.S. court system has the authority to decide whether foreign nationals (non-U.S. citizens) held in Guantanamo Bay were rightfully imprisoned. and Al Odah v. Bush. (Case Nos. 03-334 & 03-343) - asking the high court to determine that the detainees being held in Guantanamo Bay, Cuba are unlawful enemy combatants being held in accordance with U.S. and applicable international law. The American Center for Law and Justice is an international public interest law firm based in Washington, D.C. The website address is www.aclj.org. |
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