In a 23-page opinion, Federal District Judge Henry Floyd ordered the release of Jose Padilla. Padilla, a U.S. citizen, was arrested at Chicago's O'Hare airport, having flown from Pakistan. He was detained as a material witness, but never charged with any crime.
Judge Floyd's decision will have little practical effect on Padilla--the local U.S. Attorney likely will file charges tomorrow, and the government will appeal. Still, there's a broader question: must U.S. law enforcement have "probable cause" to detain a terrorist bomber just because he happens to be a citizen? Wouldn't it be simpler to top the Statue of Liberty with neon saying: "America recycles terrorists: recruit, then return"?
(via The Corner)