Jose Padilla, the so-called "dirty bomber", has been charged in a 11 count indictment in Miami. Attorney General Alberto Gonzalez is expected to announce the charges during an 11 a.m. ET news conference.
As you may recall, Padilla had filed a cert petition with the Supreme Court seeking review of the question of whether "the President has the power to seize American citizens in civilian settings on American soil and subject them to indefinite military detention without criminal charge or trial."
A response to the petition from the Justice Department was due next Monday. Interesting timing.
UPDATE (by DOM)-- There's lots to read about this interesting case. Check out ScotusBlog for detailed analysis. Also, in response to the comment, Judge Cooke is handling the case. Here is the indictment. I know Ken Swartz represents one of the co-defendants named Hassoun. I'm not sure if anyone has entered an appearance for Padilla yet. Anyone?
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
3 comments:
Which judge has the case??
Judge Cooke has the case.
A question for David (or anyone else who might know)--
When the President directed DOD to transfer Padilla's custody to DOJ, and when they decided to attach Padilla's indictment to the other alleged co-conspirators, did the government know that Judge Cooke would handle the consolidated case? In other words, had Judge Cooke already been assigned to the other case, such that the Government could effectively "judge-shop" the Padilla case? If so, that's a bit troubling. If not, I wonder if the Government is happy with the results of "the wheel."
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