The administration initially opposed court challenges on Padilla’s behalf, arguing that since Padilla had no lawyer — and they knew he had no lawyer, because they wouldn’t let him get one — no one was authorized to bring a case for him. They later relented and allowed a lawyer to confer with the accused. Or rather, the enemy, since he has not been accused. But only while the government recorded all conversations.

A federal appeals court in New York rejected the government’s broad claims of executive power, and the U.S. Supreme Court heard arguments on Padilla’s case in April. But the justices finally ducked the hard questions by ruling that the case was improperly filed. Padilla’s lawyers must now try again.

http://www.laweekly.com/ink/04/32/features-greene.php
http://www.laweekly.com/ink/04/32/features-greene.php