Padilla V Hanft Case Brief Research Paper

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391).

Padilla's counsel subsequently filed a petition for certiorari with the United States Supreme Court, which was again denied in April of 2006. Meantime, Padilla had been transferred to civilian custody, essentially rendering the petition for a writ of certiorari in the highest court in the land a moot point.

The question before the Court of Appeals was whether the President of the United States had the constitutional authority to detain a United States citizen who was allegedly associated with al Qaeda, a known terrorist organization that the United States was at war with. The Judge who ultimately penned the Court of Appeals' opinion, Luttig, was joined by Judges Michael and Traxler (2005) and wrote:

The detention of petitioner being fully authorized by Act of Congress, the judgment of the district court that the detention of petitioner by the President of the United States is without support in law is hereby reversed.

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(p.397).

In essence, the Fourth Circuit Court of Appeals reversed the trial court and opined, not without controversy, that then-President George W. Bush was acting within his constitutional powers in holding Padilla without charges indefinitely as a so-called "enemy combatant.".....

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https://www.aceyourpaper.com/essays/padilla-hanft-case-brief-48349
   

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