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Jose Padilla v. Rumsfeld

The saga of Mr. Padilla.
Discuss Jose Padilla, an American, and the trail of litigation which began in May 2002, when he was arrested in Chicago on a federal material witness warrant issued by a U.S. District Court judge in New York and taken to New York City. He was subsequently incarcerated at the Charleston Naval Brig after President Bush ordered Padilla's detention by military authorities as an enemy combatant.


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RUMSFELD, SECRETARY OF DEFENSE v. PADILLA et al.: certiorari to the United States court of appeals for the second circuit. Supreme Court Cases: The Twenty-first Century (2000 - Present), 2009.

The case of Jose Padilla had the potential to become a precedent setting case for the indefinite detention of American citizens without charge in military courts for civilians deemed enemy combatants. On the eve of the Supreme Court ruling on the issue, the defendant was remanded to civilian court and charged with conspiring to provide material support to Al-Qaeda in federal court. This summary will provide a synopsis of the case and important facts that make it one of the most notorious cases in the history of legal litigation. The case began when federal agents arrested Padilla upon his return to the United States from Pakistan. Federal agents apprehended him while executing a material witness warrant issued by the District Court for the Southern District of New York (Southern District) in connection with its grand jury investigation into the September 11, 2001, Al-Qaeda terrorist attacks.

Several sources contend that Padilla was subjected to what is considered torture by some, which includes the use of waterboarding and other coercive interrogation techniques at secret CIA interrogation centers overseas. The case gained traction when Padilla sought to have the motion to vacate the warrant used to apprehend him dismissed. Before a ruling on this motion to vacant could occur the President of the United States George W. Bush ordered the ...

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The expert examines Jose Padilla versus Rumsfeld.