[N8 v2.0]

Bush Overruled on Enemy Combatant Case
Dec 18, 11:17 AM (ET)

NEW YORK (AP) - President Bush does not have power to detain American citizen Jose Padilla seized on U.S. soil as an enemy combatant, a federal appeals court ruled Thursday.

The decision could force Padilla, held in a so-called "dirty bomb" plot, to be tried in civilian courts.

In a 2-to-1 ruling, a three-judge panel of the 2nd U.S. Circuit Court of Appeals said Padilla's detention was not authorized by Congress and that Bush could not designate him as an enemy combatant without the authorization.

 

[Spud]

Interesting, we were just taking about Padilla last night. The way I’m reading the news reports, within 30 days they will have to file formal criminal charges or release him. Either way, this U.S. citizen arrested on U.S. soil will finally get a chance to speak with his lawyers… Novel idea.

 

[ummbikes]

We studied this issue quite a bit in school over the summer, it is good for liberty if the government has to play by the old rules on these issues. It sounds like Padilla isn't a boyscout but heck we usually let the other criminals have a lawyer and due process...