Padilla Can Be Held Indefinitely, Court Rules

Jose Padilla, a U.S. citizen suspected of plotting to detonate a radioactive “dirty bomb,” can be held indefinitely without being charged with a crime, the 4th U.S. Circuit Court of Appeals ruled Friday (see GSN, June 14).

“The exceedingly important question before us is whether the president of the United States possesses the authority to detain militarily a citizen of this country who is closely associated with al-Qaeda, an entity with which the United States is at war,” Judge Michael Luttig wrote. “We conclude that the president does possess such authority.”

Padilla has been jailed for more than three years. Defense attorney Andrew Patel said his client would probably appeal to the U.S. Supreme Court. Friday’s unanimous decision by a three-judge panel of the court could have serious consequences, he said.

“It’s a matter of how paranoid you are,” Patel said. “What it could mean is that the president conceivably could sign a piece of paper when he has hearsay information that somebody has done something he doesn't like and send them to jail — without a hearing (or) a trial” (Kristen Gelineau, Associated Press/Yahoo!News, Sept. 10).

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