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Friday, September 09, 2005

Padilla indefinite detention ruling [4th Circuit]
11:11 AM ET

Jose Padila v. C.T. Hanft, United States Court of Appeals for the Fourth Circuit, September 9, 2005 [reversing a lower court, denying Padilla's habeas appeal and holding that the "dirty bomb" suspect, who is also a US citizen, can be detained without charges indefinitely as an "enemy combatant"]. Excerpt:
The exceedingly important question before us is whether the President of the United States possesses the authority to detain militarily a citizen of this country who is closely associated with al Qaeda, an entity with which the United States is at war; who took up arms on behalf of that enemy and against our country in a foreign combat zone of that war; and who thereafter traveled to the United States for the avowed purpose of further prosecuting that war on American soil, against American citizens and targets.

We conclude that the President does possess such authority pursuant to the Authorization for Use of Military Force Joint Resolution enacted by Congress in the wake of the attacks on the United States of September 11, 2001. Accordingly, the judgment of the district court is reversed.
Read the full text of the opinion. Reported in JURIST's Paper Chase here.



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