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President Bush (news – web sites) does not have power to detain American citizen Jose Padilla seized on U.S. soil as an enemy combatant, a federal appeals court ruled Thursday.
The decision could force Padilla, held in a so-called “dirty bomb” plot, to be tried in civilian courts.
In a 2-to-1 ruling, a three-judge panel of the 2nd U.S. Circuit Court of Appeals (news – web sites) said Padilla’s detention was not authorized by Congress and that Bush could not designate him as an enemy combatant without the authorization.
