Replies

Nope. Not in the Constitution and has never been done. The Habeas Corpus petition- and due process- is all they get

That is just the point, they are NOT getting due process or access to the courts for a Habeus petition.

Padilla is incommunicado-no lawyer can see him. How do you file a habeus petition from a prison cell without help from the outside???

What due process means is that EVERYONE, even people that you don't like, get a day in court and that includes a jury trial if there are any penalties that exceed $20. Please read the sixth and seventh amendment again and You will see that ANY criminal charge gets a jury trial. Being an illegal combatant is nothing but a criminal charge that must be resolved by a jury trial. That is exactly what the constitution requires.

You don't know that Padilla and Hamdi have Habeas Corpus petitions before courts right now???????

You don't know that Padilla has an attorney???????

Oh well, that explains your remarks.

Yaser Esam Hamdi v. Donald Rumsfeld:

Government's Motion for Interlocutory Appeal and Stay (PDF) Aug. 19, 2002
Order Directing Government to Provide More Information (PDF) Aug. 16, 2002
Order Canceling Production Hearing re: Gov't's Secret Documents (PDF) (Aug. 7, 2002)
Government's Motion for Relief from Production (PDF) Aug. 5, 2002
Opinion (HTML) (PDF) Reversing earlier decision. (4th Cir.) July 12, 2002
Opinion (HTML) (4th Cir.) June 26, 2002 (revised July 1, 2002)
Brief for Respondents-Appellants (PDF) Filed with 4th Circuit. June 19, 2002
Emergency Motion for Temporary Stay Pending Consideration of Motion for Stay Pending Appeal (PDF) June 13, 2002
Order (PDF) June 13, 2002
Declaration of Col. Donald D. Woolfolk (PDF) June 13, 2002
Order (PDF) June 12, 2002
Petition for Writ of Habeas Corpus (PDF) June 11, 2002
Order (PDF) June 11, 2002
Affidavit of Christian A. Peregrim (PDF) June 3, 2002
Birth Certificate - Yaser Esam Hamdi (PDF) Born: Sept. 26, 1980
Emergency Motion for Stay Pending Appeal (PDF) May 31, 2002
Respondents' Motion to Stay Magistrate Judge's May 20, 2002 Order Regarding Access, And Memorandum in Support (PDF) May 23, 2002
Memorandum of Points and Authorities in Support of Respondents' Objections to Magistrate Judge's Order of May 20, 2002 Regarding Access (PDF) May 23, 2002

Jose Padilla v. U.S.
Respondents' Response to Court's Oct. 21, 2002 Order (Jose Padilla v. George W. Bush, et. al) (PDF) Oct. 28, 2002
Government's Reply In support of Motion to Dismiss The Amended Petition for a Writ of Habeas Corpus (Jose Padilla v. George W. Bush, et. al) (PDF) Oct. 11, 2002
Supplemental Brief of Amici Curiae by The New York State Association of Criminal Defense Lawyers and The National Association of Criminal Defense Lawyers (Jose Padilla v. George W. Bush, et. al) (PDF) Sept. 27, 2002
Unclassified 'Mobbs Declaration' (Jose Padilla v. George W. Bush, et. al) (PDF) August 27, 2002
Government's Response and Motion (Jose Padilla v. George W. Bush, et. al) (PDF) August 27, 2002
Petitioner's Reply to Motion to Dismiss Petition for Writ of Habeas Corpus (Jose Padilla v. George W. Bush, et. al) (PDF) July 12, 2002
Brief of Amici Curiae By The New York State Association of Criminal Defense Lawyers and The National Association of Criminal Defense Lawyers. (Jose Padilla v. George W. Bush, et. al) (PDF) July 2002
Motion to Dismiss Amended Petition for Writ of Habeas Corpus (Jose Padilla v. George W. Bush, et. al) (PDF) June 26, 02
Amended Petition for Writ of Habeas Corpus (Jose Padilla v. George W. Bush, et. al) (PDF) June 19, 2002
Order (PDF) June 12, 2002
Petition for Writ of Habeas Corpus (PDF) June 11, 2002
Pres. Bush's Order [to hold Padilla as enemy combatant] (PDF) Accused of plotting to smuggle and detonate a "dirty bomb" into the United States. June 9, 2002

"ANY criminal charge gets a jury trial"
If they face criminal charges they can have a jury trial. There are no charges against them. It is no crime to be a combatant.
Please read my earlier posts, there aren't many and it will save me from repeating myself.