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Wednesday, March 2, 2005
Certainly [the government] does not intend to argue here that, just because the President states that
[Padilla’s] detention is “consistent with the laws of the United States, including the Authorization
for Use of Military Force” that makes it so. Not only is such a statement in direct contravention to
the well settled separation of powers doctrine, it is simply not the law. Moreover, such a statement
is deeply troubling. If such a position were ever adopted by the courts, it would totally eviscerate
the limits placed on Presidential authority to protect the citizenry’s individual liberties....
Simply stated, this is a law enforcement matter, not a military matter. The civilian authorities
captured [Padilla] just as they should have. At the time that [Padilla] was arrested pursuant to the
material arrest warrant, any alleged terrorist plans that he harbored were thwarted. From then on,
he was available to be questioned –and was indeed questioned – just like any other citizen accused
of criminal conduct. This is as it should be....
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases
of Rebellion or Invasion the public Safety may require it.” Const. Art. 1, § 9, cl. 2. This power
belongs solely to Congress. Since Congress has not acted to suspend the writ, and neither the
President nor this Court have the ability to do so, in light of the findings above, [Padilla] must be
released.
— Justice Henry F. Floyd, Padilla v. Hanft [February 28, 2005]
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