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Judge: Bush Has No Right To Detain U.S. Citizen

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Judge: Bush Has No Right To Detain U.S. Citizen
sabri
12/18/03 at 19:05:07
[slm]

NEW YORK -- A federal appeals court says President George W. Bush does not have the power to detain an American citizen seized on U.S. soil as an enemy combatant.

The ruling is a victory for terror suspect Jose Padilla.

Padilla is accused of plotting to set off a "dirty bomb" -- which uses conventional explosives to spread radioactive material. CNN reports that the judge ordered that Padilla be released no later than 30 days from Thursday.  

The ruling could force authorities to try Padilla in civilian courts or simply let him go.

The three-judge appeals panel in New York -- in a 2-1 ruling -- said the detention of Padilla wasn't authorized by Congress -- and that the administration cannot designate Padilla as an enemy combatant without that authorization.

An attorney for the New York Civil Liberties Union is calling it "historic" -- and a rejection of the Bush administration's policies on terror suspects.



The majority judges said the court is "keenly aware" of the threat of terrorism, noting the court sits near the site of the World Trade Center. But they also said presidential power "does not exist in a vacuum."

The dissenting judge said the president -- as commander in chief -- has the "inherent authority" to protect Americans against possible terrorism.

The majority judges also note Padilla is accused of serious crimes, and that the government should pursue the case vigorously under civilian law.

Padilla, a former Chicago gang member, was arrested in May of 2002, and was moved within days to a naval brig in Charleston, S.C.

http://www.thelouisvillechannel.com/news/2713619/detail.html

[wlm]
12/18/03 at 19:09:12
sabri


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