CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, March 1, 2005

Judge Gives an Ultimatum: Charge or Release Padilla within 45 Days

Yesterday, U.S. District Court Judge Henry Floyd in Spartanburg, S.C. ruled that the government cannot indefinitely hold Jose Padilla as an “enemy combatant.”  President Bush designated Padilla as an "enemy combatant" in 2002, but Floyd wrote that: “The court finds that the president has no power, neither express nor implied, neither constitutional nor statutory, to hold petitioner as an enemy combatant,"  The Bush administration now has 45 days to charge Padilla, or release him.  The Bush administration claims that Padilla 1) planned a "dirty bomb" attack; 2) sought to explode hotels and apartment buildings in the U.S; and 3) received training on the use of weapons and explosives from al-Qaida memebers.  He was arrested in 2002 at O'Hare Airport in Chicago after returning from Pakistan.  Padilla is one of two U.S. citizens deemed an "enemy combatant."  The other, Yaser Hamdi was released in October after the Justice Department decided that he no longer posed a threat to the U.S. or could give any more valuable intelligence information. More on this story... [Mark Godsey]

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