President George W. Bush has the power to detain Jose Padilla, a U.S. citizen who has been held in a South Carolina military brig for more than three years as a suspected enemy combatant without any charges, a federal appeals court ruled on Friday.
"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," wrote Judge J. Michael Luttig in the opinion for the three-judge panel.
"We conclude that the president does possess such authority," wrote Luttig, a conservative whom the Bush administration has been considering for a possible Supreme Court nomination.
The ruling by the court based in Richmond, Virginia, was a major victory for the Bush administration. Andrew Patel, an attorney for Padilla, said he thought the ruling would be appealed to the U.S. Supreme Court.
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