Feds abusing power in war on terror
EDITORIAL
Tuesday, June 08, 2026

So the federal government has let us in on a little secret: Accused would-be terrorist Jose Padilla confessed his intentions to the justice department a while back.

Are we satisfied now that Padilla’s lengthy detention without due process wasn’t for naught?

Not quite.

The justice department last week released a declassified summary of what it says are Padilla’s activities on behalf of al Qaida. It did so in an attempt to quell criticism from civil liberties advocates who say Padilla’s more-than-two-year detainment is illegal.

The release of the summary comes as the Supreme Court is getting ready to hand down a number of decisions at the end of its term, including one about the propriety of holding an American citizen indefinitely without charging him with a crime, presenting evidence to a court or moving toward trial.

The summary does not change the conclusion that the Supreme Court must draw. Indefinite detainment without due process is, in a word, un-American. The war on terror does not justify disregarding the fundamentals of freedom, particularly for an American citizen.

Yes, times are tense. By his own admission, Padilla had very bad intentions as an agent of al Qaida. He supposedly confessed to harboring a vague plan to blow up high rise apartment buildings in a major city.

Yet when he was seized by the FBI in Chicago in May 2002, he wasn’t — and still hasn’t been — charged with a crime.

He was taken in as a material witness, then reclassified an enemy combatant a month later and turned over to the Navy, which has been his jailer ever since.

Suspecting someone might be a bad guy isn’t a compelling enough reason to rob him of his constitutionally given right to due process and confrontation of his accusers. If we let the question turn on whether Padilla deserves our sympathy, we’re opening the door to letting the government declare all kinds of critics potentially dangerous to the national interest.

Justice shouldn’t require a Supreme Court ruling to force it to do the right thing. Whatever evidence the government has of wrongdoing or conspiracy on Padilla’s part, it must submit to a court of law, promptly. Should a jury find Padilla guilty of wrongdoing, take him back to the brig and then, by all means, throw away the key.
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