The Threat To Civil Liberties

Accused "dirty bomb" terrorist suspect Jose Padilla has been isolated in a naval brig for more than a year, ever since President George W. Bush classified him as an "enemy combatant" and called him a "threat to the nation."

But last week, nine thick friend-of-the-court briefs were filed in Padilla's appellate case, arguing against what they see as just as serious a threat to the nation: Bush's assertion that he can, as commander-in-chief, order the military to detain an American citizen picked up on U.S. soil indefinitely without charges, a trial or access to a lawyer.