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If Jose Padilla Wins: What Next?

Michael Isakoff of Newsweek writes of the impending Jose Padilla decision in the Supreme Court:

Justice Department lawyers, fearing a crushing defeat before the U.S. Supreme Court in the next few weeks, are scrambling to develop a conventional criminal case against “enemy combatant” Jose Padilla that would charge him with providing “material support” to Al Qaeda, NEWSWEEK has learned.

We fear another move. We fear Bush may amend his executive Order that says military tribunals apply only to non-citizens. If he does, then the Government could move Jose Padilla to Guantanamo and try him in a military tribunal proceeding, without any federal court protections.

This is what we need to be guarding against.

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