Rumsfeld v. Padilla: This brief argues that the prolonged and indefinite incommunicado detention of Jose Padilla as an enemy combatant–an American citizen arrested on American soil–was without due process of law or any of the other procedural protections guaranteed under the United States Constitution to civilian detainees. The brief argues that there is no constitutional, statutory, or common law basis for the detention and that the Executive’s exercise of its newly asserted powers is proscribed by Congressional legislation that expressly bars such detention.
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