F.B.I. Talked of Following Bomb Suspect Before Arrest
A federal judge in Manhattan today made public a heavily censored copy of a petition Mr. Padilla's lawyers filed on Monday asking that a judge order the authorities to produce a prisoner in court so the judge can decide the legality of his detention.

The uncensored parts of the petition, for a writ of habeas corpus, show that Mr. Padilla's lawyers have asserted that in holding him in military custody, the government has violated his Constitutional rights, including his right to due process, his right to be free from unreasonable seizure, his right to counsel and his right to appear before a grand jury.

"In short, the government's latest maneuver, similar to the government's detention here, is an attempt to detain Padilla indefinitely," the petition says.

The petition asks Chief Judge Michael B. Mukasey of Federal District Court to order that Mr. Padilla be returned to New York and released, or at least be allowed to meet or speak by phone with a lawyer. The petition, signed by one of Mr. Padilla's lawyers, Donna R. Newman, says Mr. Padilla "is now foreclosed from meeting with his attorney."

The petition also charges that "the evidence linking Mr. Padilla to the alleged `dirty bomb plot' is weak at best" and not enough for prosecutors to obtain a criminal indictment against him. The petition also argues that although Mr. Padilla has been detained as an "enemy combatant," Congress has not yet declared war.

Judge Mukasey gave the government until June 21 to file a motion seeking to dismiss or transfer the petition out of New York.
http://www.nytimes.com/2002/06/13/national/13INQU.html