The Judicial Branch Grows Some Nuts

The Justice Department was told by U.S. District Judge, Henry Floyd, who was appointed by Bush in 2003, that they have 45 days to either charge Jose Padilla with a crime or release him. Federal prosecutors say Padilla, a Brooklyn-born convert to Islam, was arrested in 2002 at O'Hare airport after returning from Pakistan because he was planning an attack with radioactive material, otherwise known as a "dirty bomb".

The decision is significant because Floyd's 23-page opinion clearly limits, for the first time in recent memory, the President's power to do whatever he wants in "the war on terror". Specifically, the decision states, "The court finds that the President has no power, neither express nor implied, neither constitutional nor statutory, to hold [an American citizen] as an enemy combatant." Snap!

Justice Department spokesman John Nowacki said the government will appeal the decision. [More]

I highly recommend reading the Court's decision, starting with the above quote at the top of page 20.