hamptonroads.cox.net/cci/portal/_pagr/113/_pa.113/319?pcor_action=detailView&articleID=20031218/PIC20031218CannotHoldCitizenasEnemy.xml&thisCategory=US%20NEWS&datetime=December%2018%202003%2012:40:00%20PM%20EST&toState=Maximized&windowState=NormalCannot Hold Citizen as Enemy Top Stories
December 18 2003 12:40:00 PM EST
This undated mugshot shows Jose Padilla, also known as, Abdullah al-Mujahir, a U.S. citizen who was allegedly plotting a "dirty" bomb attack against the U.S., and was arrested at Chicago's O'Hare international airport on May 8, 2002. A federal appeals court ruled December 18, that President Bush has no power to detain a U.S. citizen seized on U.S. soil as an enemy combatant.
NEW YORK, Dec 18, 2003 (United Press International via COMTEX) -- A federal appeals court in New York ruled Thursday in the case of Jose Padilla the U.S. government cannot hold a U.S. citizen as an enemy combatant.
The case stems from the arrest of Padilla, a Chicago man who was arrested at O'Hare International Airport on return from the Middle East and accused of helping to plan a dirty bomb attack on the United States.
The government has been holding Padilla for the past 19 months without filing formal charges.
In a 2-1 decision, the 2nd U.S. Circuit Court of Appeals said it was "keenly aware as anyone of the threat al-Qaida poses ... and law enforcement officials bear for protecting the nation."
"But presidential authority does not exist in a vacuum, and this case involves not whether those responsibilities should be aggressively pursued, but whether the president is obligated, in the circumstances presented here, to share them with Congress," the court added.
It was not immediately clear whether the government would appeal the decision to the Supreme Court, CBS reported.
Well I hope we fry him for treason.
Bad Dog, no biscuit! Clone topic [;)]