] The U.S. Second Circuit Court of Appeals, in a 2-1
] ruling, said only the U.S. Congress can authorize such
] detentions and it ordered the government to release Jose
] Padilla from military custody within 30 days.
]
] The court said that the government can transfer Padilla,
] a U.S. citizen who has been held incommunicado in a Navy
] prison, to a civilian authority that can bring criminal
] charges against him.
]
] "Presidential authority does not exist in a vacuum and
] this case involves not whether those responsibilities
] should be aggressively pursued, but whether the President
] is obligated in the circumstances presented here to share
] them with Congress," the court said.

ABCNEWS.com : Appeals Court Says Bush Can't Hold U.S. Citizen