JAG CENTRAL

In Padilla v. Hanft, No. 06-6396, the Fourth Circuit held that the Authorization for Use of Military Force (AUMF) authorized the President to detain Padilla, who was (1) an American citizen (2) who had taken up arms against the United States on a foreign battlefield, and (3) was later captured on United States soil, as an enemy combatant. There was no real discussion of the constitutionality of such a detention (or such a grant of power from congress), other than to say that Padilla's detention is "incident to the conduct of war."

The blogosphere will no doubt light up with commentary about this case. I will update with links soon.

Categories: Padilla, Detainees, Appellate, Fourth+Circuit