Department of Justice Seal Department of Justice
FOR IMMEDIATE RELEASE
WEDNESDAY, DECEMBER 4, 2002
WWW.USDOJ.GOV
OPA
(202) 514-2008
TDD (202) 514-1888

STATEMENT OF BARBARA COMSTOCK, DIRECTOR OF PUBLIC AFFAIRS,
ON THE JOSE PADILLA DECISION:


"The Justice Department is pleased with the Court's decision supporting the President's long-established authority to detain enemy combatants. In times of war, the President must be able to protect our nation from those who join with our enemies to harm innocent Americans. The President must have the authority to act when an individual associated with our nation's enemies enters our country to endanger American lives. As the Court said, 'The President... has both constitutional and statutory authority to exercise the powers of Commander in Chief, including the power to detain unlawful combatants, and it matters not that Padilla is a United States citizen captured on United States soil.' The Court also made clear that the detention of enemy combatants is both legal and logical, saying, 'detention for the duration of hostilities is supportable -- again, logically and legally -- on the same ground that the detention of prisoners of war is supportable: to prevent them from rejoining the enemy.'

"The President's ability to gather intelligence to protect the American people from terrorist attacks is an important tool in the War on Terrorism. The Department will review today's opinion in light of our duty to take all steps possible within the law to protect the American people."

###

02-700