WASHINGTON, Dec. 18 — The broad presidential powers invoked by the Bush administration after Sept. 11, 2001, to detain suspected terrorists outside the civilian court system is now being challenged by the federal courts, the very branch of the government the White House hoped to circumvent.
The two separate appellate court rulings on Thursday swept away crucial parts of the administration's legal strategy to handle terrorist suspects outside the criminal justice system and incarcerate them indefinitely without access to lawyers or to the evidence against them.
The rulings are by no means a final judicial verdict on the administration's approach. But the rulings demonstrated powerfully the willingness of the courts to challenge the administration's procedures, which were put in place without Congressional approval in the tumultuous months that followed the Sept. 11 attacks.
http://www.nytimes.com/2003/12/19/national/19ASSE.html8This analysis has details of the Padilla ruling which was posted yesterday and wouldn't be LBN, but I didn't see anything about the second ruling that deals with the non-citizen prisoners.
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