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Thursday, December 18, 2003

Court orders release of Padilla
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.

The former Chicago gang member who converted to Islam was arrested in May 2002 Chicago's O'Hare airport as he returned from Pakistan. Within days, he 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.
-- AP

Finally a court is trying to show Bush the meaning of America justice.