The debate over the president's authority to designate an American citizen an enemy combatant and strip him of due process protections moves Monday to the 2nd U.S. Circuit Court of Appeals. The government is appealing a federal judge's ruling that defense lawyers must be allowed to meet with Jose Padilla, who has been held incommunicado in a naval brig since President George W. Bush designated him a combatant in the war on terror.
'Enemy Combatant' Appeal Tests Separation of Powers
New York Law Journal
November 14, 2003
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