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Jose Padilla Will Be Allowed to Meet with Counsel

Detained "dirty bomb" suspect Jose Padilla, who has been held in a military brig for almost two years without charges or access to counsel, finally will be allowed to meet with his lawyer. From the DOD press release :

DoD is allowing Padilla access to counsel as a matter of discretion and military authority. Such access is not required by domestic or international law and should not be treated as a precedent. A similar decision to allow Yaser Esam Hamdi access to a lawyer was announced Dec. 2, 2003.

DoD has determined that such access will not compromise the national security of the United States, and DoD has determined that such access will not interfere with intelligence collection from Padilla, who is a U.S. citizen.

As a U.S. citizen, Padilla is not eligible for trial by military commission under the president’s military order of Nov. 13, 2001. Detention as an enemy combatant is not criminal in nature but is permitted under the law of war to prevent an enemy combatant from continuing to fight against the United States. Under the law of war, enemy combatants may be detained until the end of hostilities.

What kind of restrictions will be placed on Padilla's lawyer? Here's what Frank Dunham, the attorney for Yaser Hamdi, had to say after finally being allowed ot visit his client a few weeks ago:

Frank Dunham, Hamdi's lawyer, said Wednesday that he met with his client for about an hour but the government restrictions were prohibitive. Dunham said he wasn't permitted to ask Hamdi about the conditions of his confinement for the last two years. A Defense Department official sat in on the conversation, which was videotaped and monitored by intelligence officials.

"We didn't talk about anything that amounted to a hill of beans because what lawyer would want to ask his client any substantive question with the government sitting there watching?" he said.

Update: Arthur at Light of Reason has more, including the reaction of Padilla's lawyers:

It's so disheartening. They're throwing us a bone, as if we should be thrilled that they can now listen to our attorney-client conversations after my client's been held incommunicado, based on their say-so, for over a year and a half."

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