...the question of whether Padilla could or could not be detained would be found in ex parte Quirin and the cases and common law it cites, plus the general rules of capture of a soldier who in Afghanistan was present on the
battlefield armed against US forces, but who escaped and was then captured much later and far away. None of the logic supporting Padilla's detention derives from the AUMF itself, just as none of the reasoning in Quirin derives from the text of the Declaration of War in 1941,...
