Padilla habeas ruling [US DC] News
Padilla habeas ruling [US DC]

Padilla v. Hanft, United States District Court for the District of South Carolina Charleston Division, Judge Henry F. Floyd, February 28, 2005 [granting motion for a writ of habeas corpus. giving the Bush administration 45 days to either charge the terror suspect with a crime or set him free]. Excerpt:

This Court sits to interpret the law as it is and not as the Court might wish it to be. Pursuant to its interpretation, the Court finds that the President has no power, neither express nor implied, neither constitutional nor statutory, to hold Petitioner as an enemy combatant.

Read the full text of the report here [PDF]. Reported in JURIST's Paper Chase here.