The Second U.S. Circuit Court of Appeals has ruled that President Bush does not have power to detain American citizen Jose Padilla, the former gang member seized on American soil, as an enemy combatant.

The 2-1 decision by the court’s three-judge panel could force the government to try Padilla in civilian courts.

Padilla is accused of plotting to detonate a “dirty bomb,” which uses conventional explosives to disperse radioactive materials. The former Chicago gang member was arrested in May 2002 and within days was moved to a naval brig in Charleston, S.C.

Text of opinion from the Second U.S. Circuit Court of Appeals

Text of dissent

Other analysis of Padilla v. Rumsfeld

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