[Page: S9948] of the Senate record October 01, 2001:
Sen. Byrd: "The resolution Congress approved gives the President broad authority to go after the perpetrators of the terrorist attack regardless of who they are or where they are hiding. "
That bill for trying Americans by tribunal is worth consideration, I'd likely support it after I saw it's final draft.
In the Padella case which is totally separate and very different. Padella does not fit the LEGAL discription of an Enemy Combatant by either US Law or the UCMJ. Padilla was ARRESTED on US Soil by the FBI. Padella's Status was Changed after the Government could not get an indictment. The changed was done by the President by Executive Order. Our Constitution does not give the Executive Branch this right and especially without a Declared War, by Congress. Only Congress by the Constitution has this right. The Joint Resolution does not apply at all or at any time to Padella. The Administration has not reported back to Congress explaining the actions it took and why in the Padella Case.
Unlike WWII where Congress Declared War, enabled the Military Tribunals we have done either as of this date. Nor have we followed International Law totally. In absence of a set of legally established rules set by Congress, the President has two choices. One, Detain off of US Soil, and Two, follow the law as prescribed. The President has no option to change the mechanics in mid flight without an ACT of Congress.
Now mrsmith, you show me what law supports your case that the Joint Resolution allows this or is there none?