Jose Padilla v. John Yoo

I. BACKGROUND1

A.

In early May 2002, Padilla was arrested at Chicago O’Hare International Airport pursuant to a material witness warrant issued by the United States District Court for the Southern District of New York. Compl. ¶ 35. He was transported to New York, where he was held in custody in a federal deten- tion facility. Id.

On June 9, 2002, President George W. Bush issued an order declaring Padilla an “enemy combatant” and directing the Secretary of Defense to take Padilla into military custody. Compl. ¶ 40. The presidential order asserted that Padilla was “closely associated with al Qaeda”; that he had “engaged in conduct that constituted hostile and war-like acts, including conduct in preparation for acts of international terrorism that had the aim to cause injury to or adverse effects on the United States”; that he “possesse[d] intelligence, including intelli- gence about personnel and activities of al Qaeda, that, if com- municated to the U.S., would aid U.S. efforts to prevent attacks by al Qaeda on the United States”; that he “repre- sent[ed] a continuing, present and grave danger to the national security of the United States”; and that his detention was…