The U.S. Court of Appeals for the Fourth Circuit has upheld the authority of the Executive Branch to hold Jose Padilla, a U.S. citizen, in a military prison without trial.
The court decided that the detention was justified under the Congressional authorization of the use of force against Iraq and the powers of the Commander in Chief. The Court's opinion was rendered by the Hon. Michael Luddig, considered a prime candidate to fill the vacancy on the U.S. Supreme Court created by the retirement of Associate Justice Sandra Day O'Connor.
A further appeal may be directed en banc or to the U.S. Supreme Court.
Source: Reuters.
For a manuscript of the Court's opinion, see:
http://pacer.ca4.uscourts.gov/opinion.pdf/056396.P.pdf
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