Alternatively, the government moves to transfer the case to the District of South Carolina, where Padilla is held.Īs to the merits, the government argues that the lawfulness of Padilla's custody is established by documents already before this court. The government has moved to dismiss the petition on several grounds, including that Newman lacks standing necessary to establish next friend status, and that this court lacks personal jurisdiction over any proper respondent, and over all of those named as respondents. Marr, the officer in charge of the brig where he is detained. Bush, Secretary of Defense Donald Rumsfeld, and Commander M.A. He has named as respondents President George W. § 2241, seeking relief in the nature of habeas corpus, challenging the lawfulness of his detention, and seeking an order directing that he be permitted to consult with counsel. Newman, acting as next friend, Padilla has petitioned pursuant to 28 U.S.C. Department of Defense at the Consolidated Naval Brig in Charleston, South Carolina. As the result of events described below including the President's designation of Padilla as an enemy combatant associated with a terrorist network called al Qaeda Padilla is now detained, without formal charges against him or the prospect of release after the giving of testimony before a grand jury, in the custody of the U.S. His arrest and initial detention were carried out by the U.S. § 3144 to enforce a subpoena to secure Padilla's testimony *569 before a grand jury in this District. Petitioner in this case, Jose Padilla, was arrested on May 8, 2002, in Chicago, on a material witness warrant issued by this court pursuant to 18 U.S.C. Deference Due the President's Determination. THE STANDARD APPLICABLE TO THIS COURT'S REVIEW AND THEįACTS THE COURT MAY CONSIDER. Is Padilla's Detention Barred by Statute?. The President's Authority To Order That Padilla Be Detained As AnĮnemy Combatant. Rehkopf, Law Offices of Brenna & Brenna, Rochester, NY, for Amici Curiae The New York State Association of Criminal Defense Lawyers and The National Association of Criminal Defense Lawyers. Kate Martin, Washington, DC, for Amicus Curiae Center for National Security Studies.ĭonald G. Dunn, Donna Lieberman, New York City, for Amicus Curiae New York Civil Liberties Union Foundation. Shapiro, Lucas Guttentag, New York City, for Amicus Curiae American Civil Liberties Union Foundation.Īrthur N. Department of Justice, Washington, DC, Eric B. Marcus, Attorney, Department of Justice, U.S. Department of Justice, Office of the Solicitor General, Washington, DC, Jonathan L. Salmons, Sri Srinivasan, Assistants to the Solicitor General, U.S. Clement, Deputy Solicitor General, David B. Comey, United States Attorney for the Southern District of New York, New York City, Paul D. BUSH, Donald Rumsfeld, and Commander M.A.