A recent federal appellate ruling bolsters the case for a U.S. Supreme Court review of “enemy combatant” Yaser Esam Hamdi’s indefinite detention, his attorney argued in a brief filed with the court yesterday. The Dec. 18 decision by the U.S. Court of Appeals for the 2nd Circuit in New York “clearly conflicts” with the reasoning of the U.S. Court of Appeals for the 4th Circuit in Richmond concerning Hamdi’s detention, Frank W. Dunham Jr., a Virginia public defender, wrote in the brief. The 2 to 1 ruling by the 2nd Circuit in the case of Jose Padilla said President Bush does not have the power to declare an American citizen seized on U.S. soil an enemy combatant and hold him indefinitely in military custody. The administration was given 30 days to release Padilla, who allegedly plotted to explode a radioactive “dirty bomb” and has been confined to a South Carolina brig without access to an attorney for more than 19 months. Full Story
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