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Judge Says Terror Suspect Can’t Be Held as an Enemy Combatant. Jose Padilla case revisited.

A federal district judge in South Carolina ruled Monday that President Bush had greatly overstepped his authority by detaining an American citizen as an enemy combatant for nearly three years without filing criminal charges.

[snip]
In his opinion, Judge Floyd sharply criticized the administration’s use of the enemy combatant designation in Mr. Padilla’s case.

“The court finds that the president has no power, neither express nor implied, neither constitutional nor statutory, to hold petitioner as an enemy combatant,” Judge Floyd wrote.