Court Rules U.S. Can Indefinitely Detain Citizens

Ruling Comes in the Case of 'Enemy Combatant' Jose Padilla

By Jerry Markon

Washington Post Staff Writer
Friday, September 9, 2005; 12:27 PM

A federal appeals court ruled today that the president can indefinitely detain a U.S. citizen captured on U.S. soil in the absence of criminal charges, holding that such authority is vital to protect the nation from terrorist attacks.

The decision by the U.S. Court of Appeals for the 4th Circuit came in the case of Jose Padilla, a former Chicago gang member who was arrested in Chicago in 2002 and designated an "enemy combatant" by President Bush. The government contends that Padilla trained at al Qaeda camps and was planning to blow up apartment buildings in the United States.

...Federal prosecutors asserted that Bush not only had the authority to order Padilla's detention but that such power is essential to preventing attacks. In its ruling today, the 4th Circuit overturned a lower court and came down squarely on the government's side...