The Fourth Circuit court of appeals has just reversed a district judge’s order under which the government would have had to either charge or free “dirty bomb” suspect Jose Padilla. Judge Luttig wrote the opinion.
Via Power Line News.
UPDATE: Here is the opinion. It is unanimous. The two judges who joined in Luttig’s opinion — Michael and Traxler — were both appointed by President Clinton.
FURTHER UPDATE: Here’s an analysis of the decision by Lyle Denniston at the SCOTUS blog. And here’s one from Eugene Volokh. I haven’t had time to read the opinion, but my bias is against an outcome under which an American citizen, captured in the U.S., can be held for an extended period without being charged with a crime and without receiving a trial.
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