Legal Cases: Padilla v. Bush

• Supreme Court (January 4, 2006) grants   government request to transfer Padilla
  
  
• Government response   to Padilla response to the governments motion for relief from the fourth circuit rejection of its request to transfer Padilla to criminal justice system (January 3,2006)
  
  
• Padilla response   to government appeal of the Fourth Circuit Court rejection of request to transfer Padilla to criminal justice system (December 30, 2005)
  
  
• Government motion   for relief from the Fourth Circuit Court rejection of government request to transfer Padilla to criminal justice system (December 28, 2005)
  
  
• Fourth Circuit Court rejects   government request to transfer Padilla to criminal justice system (December 21, 2005)
  
  
• Padilla is indicted on terrorism and conspriracy charges (November 17, 2005) and government moves to transfer Padilla (November 22, 2005) accordingly after President Bush declares that Padilla is no longer a threat to national security (November 20, 2005).
  
  
• Padilla response   to government to Padilla's writ of certitiorari to the U.S. Supreme Court for review of the Fourth Circuit Court of Appeals
  
  
• Government opposition to Padilla's writ of certitiorari to the U.S. Supreme Court for review of the Fourth Circuit Court of Appeals 
  
  
• Padilla writ of certitiorari to the U.S. Supreme Court for review of the Fourth Circuit Court of Appeals 
  
  
• Fourth Circuit Court of Appeals decision  issued September 9, 2005. The court reversed the District Court and held that the President had the power under the AUMF passed by Congress to hold Padilla as an enemy combatant.
  
  
• Government reply brief  submitted June 21, 2005.
  
  
• Padilla Brief  submitted June 6, 2005.
  
  
• On May 6, 2005 the government filed its appeal  to the 4th Circuit Court of Appeals.
  
  
• Appeal docketed for July 19,2005 in the 4th Circuit Court of Appeals.
  
  
• On February 28, 2005, U.S. District Court for South Carolina held  that the President does not have the power to detain Padilla as an enemy combatant and ordered his release.
  
  
• On January 5, 2005, the U.S. District Court for South Carolina heard oral  arguments on the motion for summary judgement.
  
  
• Padilla Reply brief  (12/13/04) in support of his motion for summary judgement
  
  
• Government opposition  (11/22/04) to Padilla motion for summary judgement
  
  
• Padilla memo  (10/20/04) supporting motion for summary judgement 
  
  
• SCHEDULING ORDER: Setting deadlines as follows: (1) motion for summary judgment filing by petitioner 10/18/04; (2) stipulations of fact by both parties 10/18/04; (3) response to motion for summary judgment by respondent 11/22/04; (4) reply by petitioner to opposition to motion for summary judgment 12/13/04; (5) oral arguments on motion for summary judgment 1/5/05 in chambers of U.S. District Judge Henry F. Floyd.
  
  
• Padilla response to government response to writ of Habeas Corpus to the U.S. District Court for South Carolina  - September 10, 2004
  
  
• Government response to Padilla petition for a Writ of Habeas Corpus to the U.S. District Court for South Carolina  - August 30, 2004
  
  
• Padilla petition for a Writ of Habeas Corpus to the U.S. District Court for South Carolina  - July 2, 2004
  
  
• Garrison, Arthur (2004). The War on Terrorism on the Judicial Front, Part II: The Courts Strike Back   American Journal of Trial Advocacy 27 (3):473-516. See also, Garrison, Arthur (2003) Hamdi, Padilla and Rasul: The war on terrorism on the Judicial Front. American Journal of Trial Advocacy 27 (1): 99-148.
  
  

• Rumsfeld v Padilla  The Supreme Court held on June 28, 2004 that the District Court for the Southern District of New York did not have jurisdiction to hear the case. The proper court is the District Court of South Carolina.
  
  
• Counsel for Padilla responds to Government Press Conference on Reasons for declaring Padilla an Enemy Combatant and holding him as such (June 2, 2004)
  
  
• Government Press Conference on Reasons for declaring Padilla an Enemy Combatant and holding him as such (June 2, 2004)
  
  
• Oral Arguments 
  
  
• Padilla Response brief to the Supreme Court April 12, 2004. 
  
  
• Washington Legal Foundation amicus brief in support of the government - March 17, 2004 
  
  
• American Center for Law and Justice amicus brief in support of the Government - March 17, 2004 
  
  
• Governmets merit brief to the Supreme Court - March 17, 2004 
  
  
• Governmets appendix to merit brief to the Supreme Court - March 17, 2004 
  
  
• Criminal Justice Legal Foundation amicus brief for the government - March 16, 2004 
  
  

• SET FOR ARGUMENT WEDNESDAY, APRIL 28, 2004.
  
  
• See Presidential Actions for speech (Feb. 24, 2004) by the White House General Counsel on the process for classification of an individual as an enemy combatant.
  
  
• Feb 20 2004 Petition GRANTED. The brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 17, 2004. The brief of respondents is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 12, 2004. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, April 21, 2004.
  
  
• February 20, 2004 Supreme Court accepts cert petition. The court agreed to hear two questions:
  
  
  1. Whether the President has authority as Commander in Chief and in light of Congress's Authorization for Use of Military Force, Pub. L. No. 107-40, 115 Stat. 224, to seize and detain a United States citizen in the United States based on a determination by the President that he is an enemy combatant who is closely associated with al Qaeda and has engaged in hostile and war-like acts, or whether 18 U.S.C. § 4001(a) precludes that exercise of Presidential authority.
  2. Whether the district court has jurisdiction over the proper respondent to the amended habeas petition.
• Feb 13 2004 Supplemental brief by Padilla responding to Government response. 
  
  
• Feb 11, 2004 Government response 
  
  
• February 4, 2004 Padilla brief in opposition to writ of certiorari 
  
  
• Jan 16 2004 Government motion to Expedite condiseration 
  
  
• Jan 16 2004 Government writ of Certiorari to the U.S. Supreme Court. 
  
  
• December 18, 2003 2nd Circuit Court of Appeals holding  that the President does not have the power to hold Padilla as an enemy combatant indefinately and orders District Court to issue a writ of Habeas Corpus. See dissenting opinion 
  
  
• Oral Arguments before the Second Circuit Court of Appeals 
  
  
• Government reply brief to the Padilla response brief - September 2, 2003 
  
  
• Padilla response brief to the 2nd circuit court of appeals - August 12, 2003 
  
  
• Government response brief to Padilla brief - August 12, 2003 
  
  
• Amicus Brief  (PDF) (Nat'l Ass'n of Criminal Defense Lawyers and NYS Ass'n of Criminal Defense Lawyers) August 20, 2003
  
  
• Amicus Brief  (PDF) (Experts on the Laws of War) August 2003
  
  
• Amicus Brief  (PDF) (The Cato Institute, Lawyers Committee for Human Rights) July 30, 2003
  
  
• Amicus Brief  (PDF) (Hon. John J. Gibbons, et al.) July 30, 2003
  
  
• Amicus Brief  (PDF) (American Bar Ass'n) July 29, 2003
  
  
• Padilla brief to the 2nd circuit court of appeals - July 25, 2003. 
  
  
• Government brief to the 2nd circuit court of appeals - July 22, 2003  and Padilla Government Table of Contents and Table of Authorities of brief to the 2nd circuit court of appeals - July 22, 2003
  
  
• June 10 order  by the U.S. Court of Apeals for the Second Circuit granting governments petition to review the U.S. District Court March 11, 2003 and December 4, 2002 decisions.
  
  
• District Court April 9, 2003 order granting Government motion for certification for interlocutory appeal 
  
  
• Padilla opposition to Government motion for certification for interlocutory appeal and stay (April 3, 2003) 
  
  
• Government motion for certification for interlocutory appeal and stay (April 4, 2003) 
  
  
• Padilla v Bush 243 F. Supp. 2d 42 (S.D.N.Y. 2003) - (Chief Judge Michael B. Mukasey March 11 opinion and order) - affirms December 4, 2002 opinion and order. 
  
  
• National Association of Criminal Defense Lawyers and New York State Association of Criminal Defense Lawyers Amicus Curiae brief on "some evidence" standard. 
  
  
• Padilla's Memorandum of Law Re: Some Evidence (February 7, 2003) 
  
  
• Padilla additional support for motion to strick motion for reconsideration (January 29, 2003) 
  
  
• Government's response to Padilla's motion to deny reconsideration 
  
  
• Padilla's response and motion to deny government motion for reconsideration of the District Court December 4, 2002 decision. 
  
  
• Government January 9, 2003 motion  (see attached Jacoby declaration ) to the U.S. District Court for reconsideration of its December 4, 2002 decision to allow Padilla to have access to counsel.Jacoby declaration.
  
  
• Padilla v Bush  233 F. Supp.2nd 564 (S.D.N.Y. 2002). U.S. District Court for the Southern District of N.Y. - December 4, 2002 - opinion and order held (1) Padilla's detention as an enemy combatant is lawful per se, (2) Padilla may have access to councel for the limited purpose of showing that the government does not have "some evidence" to justify its designation of Padilla as an unlawfull enemy combatant and (3) the govenment must show that it has "some evidence" that Padilla is an unlawfull enemy combatant and that the designation has not been rendered moot subsequent to his detention.
  
  
• Padilla Suplemental Reply Memorandum of Law (October 31, 2002). 
  
  
• Government Response to Padilla's response to the court's October 21, 2002 order 
  
  
• Padilla Response (October 28, 2002) to Courts October 21, 2002 Order 
  
  
• Government Response (Oct. 28, 2002) to Courts October 21, 2002 Order 
  
  
• Governments Reply in Support of Motion to Dismiss The Amended Petition for a writ of habeas corpus - October 11, 2002 
  
  
• NYS Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers Supplemental Amici Curiae Brief in support of Padilla - September 27, 2002 
  
  
• Unclassified Mobbs declaration (August 27, 2002) that Padilla is an enemy combatant.  
  
  
• Government response to the Padilla response to government motion to dismiss Padilla writ of habeas corpus (motion asserts that on the merits that the government has a right to detain an enemy combatant for the duration of the war)- August 27, 2002 
  
  
• Padilla response brief to government motion to dismiss Padilla writ of habeas corpus - July 12, 2002 
  
  
• Amicus brief by the New York State Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers on behalf of Padilla (July 2002).  
  
  
• Government motion to dismiss Padilla writ of habeas corpus - June 26, 2002 
  
  
• Padilla amended writ of habeas corpus to the Distict Court for the Southern District of New York- June 19, 2002 
  
  
• Padilla writ of habeas corpus to the Distict Court for the Southern District of New York- June 11, 2002 
  
  
• President Bush order (June 9, 2002) to hold Padilla as an enemy combatant