Posted on 10/25/2011 11:20:25 AM PDT by american_steve
Jose Padilla, a U.S. citizen, former gang member, and designated enemy combatant who was sentenced to 17 years in prison, is mounting an aggressive appeal. The oral arguments on October 26 in Richmond’s Fourth Circuit will strike at the heart of the Constitution.
Padilla brought a lawsuit against former Secretary of State Donald Rumsfeld and other high-ranking officials, alleging he was illegally detained and tortured in the military brig after his 2002 arrest. That suit, which has been described as “lawfare” or exacting personal and financial “flesh” from an opponent, was dismissed last February by a federal judge in Charleston, South Carolina, who ruled Padilla had no right to sue for constitutional violations.
Now Padilla’s appeal, Estela Lebron, for herself and as Mother and Next Friend of Jose Padilla vs. Donald Rumsfeld et al, will be heard in the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia. In addition to the issue of “lawfare,” this appeal will seek to decide several questions related to legal rights of “enemy combatants”:
(Excerpt) Read more at officialwire.com ...
Did I sleep through Rumsfeld’s tour as “Secretary of State”? When I woke up, he was Secretary of Defense.
“This will be a total win for Rivkin.”
I SHOULD be, but have you been watching the 4th Circ. decisions lately ? I wouldn’t be on it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.