Bush Administration overstepped its authority.

The first decision by the U.S. Second Circuit Court of Appeals concerned Jose Padilla, a U.S. citizen detained on U.S. soil and held incommunicado in a Navy prison for the past 18 months. The court ruled 2-1 that the government did not have the right to treat him as an enemy combatant and ordered him transferred to civilian custody within 30 days or released.

Hours later, the U.S. Ninth Circuit of Appeals in San Francisco ruled also 2-1 that the Bush administration lacked authority to imprison foreign "enemy combatants" indefinitely. The court sent a lawsuit on behalf of a man detained at the U.S. Navy base in Guantanamo, Cuba, back to a lower court.

Wish it was as good as it sounds.

Quote:

The first decision by the U.S. Second Circuit Court of Appeals concerned Jose Padilla, a U.S. citizen detained on U.S. soil and held incommunicado in a Navy prison for the past 18 months. The court ruled 2-1 that the government did not have the right to treat him as an enemy combatant and ordered him transferred to civilian custody within 30 days or released.

Hours later, the U.S. Ninth Circuit of Appeals in San Francisco ruled also 2-1 that the Bush administration lacked authority to imprison foreign "enemy combatants" indefinitely. The court sent a lawsuit on behalf of a man detained at the U.S. Navy base in Guantanamo, Cuba, back to a lower court.

In both the cases the people involved are not US citizens and it's an easy thing to create a new class of 'criminal', rather than let courts and judges apply existing law.