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Judge: U.S. Can’t Indefinitely Detain Jose Padilla

HeadlineMar 01, 2005

Here at home, a federal judge has ordered that the Bush administration can no longer keep U.S. citizen Jose Padilla in jail if he is not charged with a crime. Padilla has been imprisoned for more than two and a half years as a so-called enemy combatant. He has never been charged with a crime and has never appeared in a courtroom to challenge his detention. Judge Henry Floyd ruled “The court finds that the president has no power, neither express nor implied, neither constitutional nor statutory, to hold petitioner as an enemy combatant.” Floyd is a federal judge based in South Carolina. He was appointed by President Bush two years ago. The Justice Department has announced it will appeal the decision. The government alleges Padilla wanted to carry out a “dirty bomb” attack inside the United States

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