tag:blogger.com,1999:blog-14162253.post112631237627386369..comments2024-03-28T18:57:15.124-06:00Comments on Wash Park Prophet: Jose Padilla Loses in 4th Circuit.Andrew Oh-Willekehttp://www.blogger.com/profile/02537151821869153861noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-14162253.post-1126543344832112062005-09-12T10:42:00.000-06:002005-09-12T10:42:00.000-06:00It appears that Luttig, the author of the 4th Circ...It appears that Luttig, the author of the 4th Circuit decision was also <A HREF="http://balkin.blogspot.com/2005/09/further-thoughts-on-preventing-padilla.html" REL="nofollow">simply wrong</A> in his interpretation of the "Declaration" (not even a fact) that he relied upon. Rather than taking up arms against the United States, the facts relied upon by the Court show that he made every effort to flee and avoid taking up arms against the United States.<BR/><BR/>Also, a commentator in another post at the site notes that if Padilla had worn a uniform and had an al-Queda ID while blowing up apartment buildings in the U.S. that he would have to be held as a POW and would be immune from criminal prosecution under the theories advanced by the government.Andrew Oh-Willekehttps://www.blogger.com/profile/02537151821869153861noreply@blogger.com