From the AP:
Bush Overruled on Enemy Combatant Case
NEW YORK (AP) — President Bush does not have power to detain American citizen Jose Padilla seized on U.S. soil as an enemy combatant, a federal appeals court ruled Thursday.
The decision could force Padilla, held in a so-called “dirty bomb” plot, to be tried in civilian courts.
In a 2-to-1 ruling, a three-judge panel of the 2nd U.S. Circuit Court of Appeals said Padilla’s detention was not authorized by Congress and that Bush could not designate him as an enemy combatant without the authorization.