Appeals Court Says Bush Can’t Detain US Citizen Caught on US Soil

The court ruled that Congress could order such detentions, but that the President’s power does not extend to detaining US citizens on US soil.

Federal prosecutors have argued Padilla should not have access to attorneys because they said he posed a threat to national security and defense lawyers would interfere with his interrogation. They also believe defense lawyers could unwittingly be used to pass messages to al Qaeda operatives.

Due process is an exceedingly important part of the Bill of Rights, and I’m glad that the court is inserting at least some barriers to dictatorship.