Court Says 'Dirty Bomb' Suspect Can't Be Held by Military

[zimv20]

link (http://www.nytimes.com/2003/12/18/politics/18CND-DETA.html?hp)


A federal appeals court panel ruled today that President Bush does not have the power to detain a United States citizen who was seized on American soil as an enemy combatant and to deny him a lawyer.

In the latest chapter of a constitutional drama that has been playing out since the terror attacks of Sept. 11, 2001, a 2-to-1 majority of the United States Court of Appeals for the Second Circuit, in Manhattan, rejected the Bush administration's treatment of Jose Padilla, who is accused of plotting to set off a radioactive "dirty bomb."


score one for balance of power.

[mactastic]

No wonder they want to keep those guys at Gitmo there. The government doesn't seem to be doing very well against some of these "high profile" terrorism cases, particularly their two main targets, Moussoui and Padilla. Not to mention all the evidence that was shredded that was supposed to convict Sami al-Arian. The AGs office is beginning to look dangerously incompetent when it comes to actually prosecuting the people they suspect.

[IJ Reilly]

Originally posted by zimv20

score one for balance of power.

Not for long, I fear. This is the circuit court Bush is trying to pack with hard-right wingers. I'd also be surprised if they didn't appeal to the Supreme Court, where they'll only have to persuade two justices.