The Real Verdict on Jose Padilla

August 17, 2007
The Real Verdict on Jose Padilla

The case challenging the constitutionality of Padilla's detention was in the federal courts for several years. It reached the Supreme Court in 2004, at which point the government finally allowed him to speak to a lawyer. But the high court did not review the merits; instead, it ruled on a technicality that the case should have been brought in South Carolina, not New York. Litigation continued and nearly reached the Supreme Court again in late 2005. By then, the administration had begun soft-pedaling the "dirty bomb" story, which it described as "loose talk" rather than an imminent plot. It put forward a new theory: Padilla was planning to blow up apartment buildings with natural gas. The government also argued that he could be detained as an "enemy combatant" because, it alleged, he had been in Afghanistan during the U.S. bombing campaign in late 2001.

Two business days before the government's brief was due in the Supreme Court, the administration switched tactics again. Fearful that the court would rule that a U.S. citizen arrested in the United States could not constitutionally be detained forever without criminal trial, the government announced that Padilla would be tried in a federal court in Miami. As the U.S. Court of Appeals for the 4th Circuit noted, the government's actions made it appear that it was trying to evade Supreme Court review.

The charges brought in Miami contained none of the allegations about the dirty-bomb plot, the apartment buildings or even Padilla's presence in Afghanistan in late 2001. Instead, the government alleged that Padilla had conspired in the 1990s to provide support to overseas jihadists in Bosnia and Chechnya. Commentators called even this weaker case notably thin, but Padilla was found guilty.

The Founders rejected that kind of arbitrary and oppressive power. And the federal court in Florida has shown how weak the administration's case for abandoning the Constitution really is.