Court Update: The Padilla Case

U.S. a Battlefield, Solicitor General Tells Judges:

Luttig repeatedly pressed Clement, even after the solicitor general noted that Padilla's alleged intentions as a soldier of al Qaeda -- to target civilians -- constituted "unlawful combatantcy" even if he were on a battlefield in uniform.

"Those accusations don't get you very far," Luttig replied, "unless you're prepared to boldly say the United States is a battlefield in the war on terror."

Clement answered, "I can say that, and I can say it boldly."

But Michael said Padilla wasn't captured anywhere near a battlefield. "You captured Padilla in a Manhattan jail cell," Michael said. "What, in the laws of war, allows you to undertake a non-battlefield capture and hold them for the duration? I don't think you cite anything."