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

Former Iraqi Dictator Saddam Hussein, To Face Trial Next Month (NY Times)

From the NY Times, Hussein Trial in '82 Deaths to Begin Next Month:

The trial of Saddam Hussein will begin in six weeks, the government said Sunday, when he and seven aides face a special tribunal on charges of massacring almost 150 residents from the town of Dujail, the scene of a failed assassination attempt against Mr. Hussein 23 years ago.

Laith Kubba, a spokesman for the prime minister, Ibrahim al-Jaafari, said the trial would begin Oct. 19, four days after a national vote on a proposed new constitution. The trial raises the possibility that Mr. Hussein, who faces the death penalty if convicted, could be hanged within months.

Four days ago, Iraq carried out its first court-ordered execution since the fall of Mr. Hussein's government, hanging three people convicted in May in the southern city of Kut of rapes and killings.

Great efforts will be made to "ensure the transparency of the trial" of Mr. Hussein, Mr. Kubba said at a news conference.

"We should view this trial as a national event, and not just as a trial for Saddam on the killings he committed," he said.

Mr. Kubba said Mr. Hussein would be tried with seven associates, including Barzan Ibrahim, a half-brother of Mr. Hussein and a former top official of the Mukhabarat secret police, and Taha Yassin, who was vice chairman of the Baath Party's Revolutionary Command Council. The charges stem from the killing of 143 people and the imprisonment of hundreds of families after the assassination attempt in Dujail on July 8, 1982, he said.

Categories: Saddam, Crimes+Against+Humanity, Iraq