Two federal appeals court judges were hostile to the Bush administration’s position yesterday as the government argued that the requirements of the antiterror effort meant that the president could indefinitely detain an American who was arrested in this country as an “enemy combatant” and deny him contact with his lawyer. “As terrible as 9/11 was, it didn’t repeal the Constitution” one judge, Rosemary S. Pooler, said. The judges made their comments as a three-judge panel of the United States Court of Appeals for the Second Circuit, in Manhattan, began considering the case of Jose Padilla, an American arrested last year at O’Hare International Airport near Chicago. The case drew worldwide attention when Attorney General John Ashcroft announced in June 2002 that the government believed that Mr. Padilla was planning to explode a radiological “dirty bomb” in the United States. Full Story
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