9.11.2005
Court Gives Bush Right to Detain U.S. Combatant (NYTimes.com)
By NEIL A. LEWIS
Published: September 10, 2005
WASHINGTON, Sept. 9 - A three-judge federal appeals court panel ruled unanimously on Friday that President Bush had the authority to detain as an enemy combatant an American citizen who fought United States forces on foreign soil.
The panel of the United States Court of Appeals for the Fourth Circuit, based in Richmond, Va., threw out a ruling by a trial judge in South Carolina that Mr. Bush had overstepped his bounds by detaining Jose Padilla, a Chicago native, for three years.
The military has asserted that Mr. Padilla (pronounced pa-DILL-uh) was an operative of Al Qaeda who fought in Afghanistan, was trained by Khalid Sheikh Mohammed, a planner of the Sept. 11 attacks, and was considering various terrorist plots in the United States. Law enforcement authorities have also identified Mr. Padilla as a former gang member in Chicago who converted to Islam.
In an opinion written by Judge J. Michael Luttig, who has been considered by President Bush for a nomination to the Supreme Court, the panel said Mr. Bush had the right to detain Mr. Padilla as an enemy combatant under the powers granted the president by Congress after the Sept. 11 terrorist attacks in New York and at the Pentagon.
"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," Judge Luttig wrote. "We conclude that the president does possess such authority," citing the Congressional authorization.
(More ... Court Gives Bush Right to Detain U.S. Combatant - New York Times) ¶ 20:26
Published: September 10, 2005
WASHINGTON, Sept. 9 - A three-judge federal appeals court panel ruled unanimously on Friday that President Bush had the authority to detain as an enemy combatant an American citizen who fought United States forces on foreign soil.
The panel of the United States Court of Appeals for the Fourth Circuit, based in Richmond, Va., threw out a ruling by a trial judge in South Carolina that Mr. Bush had overstepped his bounds by detaining Jose Padilla, a Chicago native, for three years.
The military has asserted that Mr. Padilla (pronounced pa-DILL-uh) was an operative of Al Qaeda who fought in Afghanistan, was trained by Khalid Sheikh Mohammed, a planner of the Sept. 11 attacks, and was considering various terrorist plots in the United States. Law enforcement authorities have also identified Mr. Padilla as a former gang member in Chicago who converted to Islam.
In an opinion written by Judge J. Michael Luttig, who has been considered by President Bush for a nomination to the Supreme Court, the panel said Mr. Bush had the right to detain Mr. Padilla as an enemy combatant under the powers granted the president by Congress after the Sept. 11 terrorist attacks in New York and at the Pentagon.
"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," Judge Luttig wrote. "We conclude that the president does possess such authority," citing the Congressional authorization.
(More ... Court Gives Bush Right to Detain U.S. Combatant - New York Times) ¶ 20:26
