Without any doubt, the most dangerous threat to the freedom of the American people in our lifetime lies with what might be called the Padilla doctrine, an exercise of such raw military power that, if upheld, will totally transform life in America as we know it. Unfortunately most Americans remain blissfully unaware of the ominous implications of this doctrine.On May 8, 2002, Jose Padilla, an American citizen, flew from Pakistan to Chicago’s O’Hare International Airport, where he was taken into custody by federal agents as part of the U.S. government’s “war on terrorism.” Initially held as a “material witness,” Padilla was transferred to New York, where he was assigned an attorney.
Soon thereafter, however, federal officials removed Padilla from the jurisdiction of the federal court and transferred him to the control of the Pentagon. Moved to a naval brig in South Carolina, Padilla was held indefinitely as an “enemy combatant” in the “war on terrorism” and denied the right to consult with his attorney, the right to due process of law, and the right to trial by jury.
Jacob G. Hornberger, The Future of Freedom Foundation, September 21, 2005