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(Mr.
Wolff is a member of the EJS Executive Board)
Jose
Padilla And Due Process
New
York Times, Letter to the Editor, December 27, 2003
To
the Editor:
Re
''The Rule of Law and the War on Terror,'' by Ruth Wedgwood (Op-Ed,
Dec. 23), attacking the ruling of a federal appeals court that
Jose Padilla, an American citizen, is entitled to a criminal trial:
Mr.
Padilla's detention is no longer about safety; it is about interrogation.
The president claims that he has the right to seize any American
citizen, hold him indefinitely and apply psychological pressure
until the citizen cracks and tells his captors what the president
wants to hear.
Furthermore,
the president argues that no court should be able to review his
actions, under any circumstances. It is hard to imagine a more
direct attack on the rule of law.
Ms.
Wedgwood's invocation of the Sept. 11 attacks is misleading. Nothing
in the court's ruling would prevent any president from acting
to protect the United States from real danger. The Second Circuit
Court of Appeals deserves praise for upholding the ideals that
we cherish.
TOBIAS
BARRINGTON WOLFF
Palo Alto, Calif., Dec. 23, 2003
The
writer is visiting professor of law at Stanford Law School.
Published:
12 - 27 - 2003 , Late Edition - Final , Section A , Column 6 ,
Page 16
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