Friday September 9, 2005 8:46 PM
AP Photo NY116
By KRISTEN GELINEAU
Associated Press Writer
RICHMOND, Va. (AP) - In a victory for the Bush administration, a federal appeals court ruled Friday that the government can continue to hold indefinitely an American accused of plotting to detonate a radioactive ``dirty bomb.''
A three-judge panel of the 4th U.S. Circuit Court of Appeals ruled unanimously to reverse a judge's order that the government either charge or free Jose Padilla, who has been in custody for more than three years.
``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-Qaida, an entity with which the United States is at war,'' Judge J. Michael Luttig wrote. ``We conclude that the President does possess such authority.''
A federal judge in South Carolina ruled in February that the government cannot hold Padilla indefinitely as an ``enemy combatant,'' a designation President Bush gave him in 2002. The government views Padilla as a militant who planned attacks on the United States.
http://www.guardian.co.uk/worldlatest/story/0,1280,-5267266,00.html