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Court to Hear Case of Suspected Enemy Combatants
On February 20, 2004, the Supreme Court agreed to decide whether the Constitution forbids the holding of US citizens indefinitely and without access to lawyers or courts because they are suspected of being “enemy combatants.”
Jose Padilla, an American citizen and newly converted Muslim, was arrested in his home after returning from a trip to Pakistan. According to the government, Padilla allegedly was part of a plot to detonate a radiological “dirty bomb” in the US. Padilla’s case is accompanied by the case of Yaser Esam Hamdi, another US citizen accused of being an enemy combatant. The Court will hear both cases simultaneously and thereby address the rights of all US citizens captured in the US and abroad. Both cases are expected to be heard in April and a ruling is due in the summer.
The Court will also hear the case of foreign-born terrorist suspects held indefinitely in Guantanamo Bay, Cuba. That case questions whether the 650 prisoners in Guantanamo can challenge their detention and treatment in US courts. A ruling in the case is also due by the summer.
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