Hi everyone. I'm back from the holiday break. Thanks for reading. Here's the latest:
Lawyers for Jose Padilla, a U.S. citizen held as an "enemy combatant" for nearly four years, want the Supreme Court to resolve how much power a president has while the nation is at war.
Lawyers Donna Newman and Andrew Patel told the high court in papers filed Tuesday that the justices must step in "to preserve the vital checks and balances" on the president.
In another twist to the case, Solicitor General Paul Clement asked the Supreme Court Wednesday to order Padilla's transfer from military to civilian custody immediately.
In their filing, Newman and Patel cited the Bush administration's interpretation of the president's war powers to justify its decision to hold Padilla -- until recently -- without charges in a military brig in South Carolina.
Padilla's lawyers also said President Bush abused his war powers authority by approving warrantless surveillance of conversations between people in the United States and abroad who had suspected terrorist ties.
Such developments "underscore the need for this court to address the fundamental constitutional questions presented by this case," the lawyers wrote.
"Fundamental constitutional questions" indeed. Details here from the AP via Law.com.