A defeat for the Bush Administration

Big news: the government cannot hold people indefinately without charges. The only surprise was that one of the judges disagreed.

See:

Bush Overruled on 'Dirty Bomb' Suspect

By LARRY NEUMEISTER, Associated Press Writer

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

The decision, which ordered that Padilla be released from military custody within 30 days, could force the government to try the "dirty bomb" plot suspect in civilian courts. The White House said the government would seek a stay.

In a 2-1 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.
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