[Dog]

WOW!

[AppyPappy]

Who?

[NEPA]

I agree with this. The guy may be scum, even a terrorist, but either charge him with something or release him.

[snopercod]

First crack in the (misnamed) Patriot Act.

[drella8566]

I find it odd they don't refer to him by his Muslim name: Abdullah al-Muhajir

[PISANO]

Going to be released within 30 days UNLESS charged with crime!

[Lurker]

Good. Either charge him, call him a 'material witness', or release him.

The idea of holding an American citizen indefinetely without charges is horrifying to me.

L

[blastdad51]

Our appeals court can always be counted on to help keep us safe......heavy on the sarcasm!!!!

[Sabertooth]

From Drudge:
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...

What are the Administration's options for appeal?

[NautiNurse]

Scary, unless they will watch him like a hawk.

[verity]

Well, Judge, it's this way:
We were in the process of releasing him; however, he escaped and we cannot find him to release him.

[Thud]

Sorry for the cross-post - I did a search for Padilla but yours didn't turn up. Here's a link to the 53-page PDF file for the 2nd Circuit Court opinion:

http://www.ca2.uscourts.gov:81/isysnative/RDpcT3BpbnNcT1BOXDAzLTIyMzVfb3BuLnBkZg==/03-2235_opn.pdf#xml=http://10.213.23.111:81/isysquery/irldeab/1/hilite

[Gritty]

Does this mean I have to start taking my Iodine pills again?

[epluribus_2]

Bet there was a closed door session with the DNC chair, Hildebeast, X42, and Dashole. I would never cross Bush/Ashcroft on national defense, however. When they grrrr - there will be a swift plan to handle this matter.

[MindBender26]

.... and what army is this court going to send to Gitmo to release him?

[FairOpinion]

http://apnews.myway.com/article/20031218/D7VGTM3G0.html


Bush Overruled on 'Dirty Bomb' Suspect

Dec 18, 11:51 AM (ET)

By LARRY NEUMEISTER

(AP) This is a 1991 booking mug of Jose Padilla after an arrest in Sunrise, Fla. President Bush does...
Full Image


NEW YORK (AP) - 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 could force the government to try Padilla, held in a so-called "dirty bomb" plot, in civilian courts. 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.

Padilla is accused of plotting to detonate a "dirty bomb," which uses conventional explosives to disperse radioactive materials. The former Chicago gang member was arrested in May 2002 and within days was moved to a naval brig in Charleston, S.C.

The court directed Defense Secretary Donald Rumsfeld to release Padilla from military custody within 30 days, but said the government was free to transfer him to civilian authorities who can bring criminal charges.

If appropriate, Padilla can also be held as a material witness in connection with grand jury proceedings, the court said.

"As this court sits only a short distance from where the World Trade Center stood, we are as keenly aware as anyone of the threat al-Qaida poses to our country and of the responsibilities the president and law enforcement officials bear for protecting the nation," the court said.

"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," it added.

Padilla is accused of plotting to detonate a "dirty bomb," which uses conventional explosives to disperse radioactive materials. The government said he had proposed the bomb plot to Abu Zubaydah, then al-Qaida's top terrorism coordinator.

He was arrested in May 2002 at Chicago's O'Hare airport as he returned from Pakistan. Within days, he was moved to a naval brig in Charleston, S.C.

Only two other people have been designated enemy combatants since the 2001 terrorist attacks: Ali Saleh Kahlah Al-Marri, a citizen of Qatar who has been accused of being an al-Qaida sleeper agent, and Esam Hamdi, a Louisiana native captured during the fighting in Afghanistan.

In its ruling, the court said it was not addressing the detention of any U.S. citizens seized within a zone of combat in Afghanistan.

[Chaos]

Wow, maybe Jose and Hinkley can go have lunch together.

[LurkedLongEnough]

He'll have to apply for a concealed butt chip permit before leaving confinement, though.

[clintonh8r]

Possible upside: Once he's out he could lead to others or additional intel.

[xusafflyer]

Its not a big deal.

1. Congress will just declare him an enemy combatant like they did the guy in Afgan.

2. He will be charged, no bail allowed, and tried (which will take over a year)

or

3. He will get out and shot in the street.