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'Enemy Combatant' Appeal Tests Separation of Powers

New York Law Journal

November 14, 2003

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.

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