Original Article Judge rebukes president Says Bush must charge terror suspect or release him Mark Sherman Associated Press Mar. 1, 2005 12:00 AM WASHINGTON - A federal judge ordered the Bush administration Monday to either charge terrorism suspect Jose Padilla with a crime or release him after more than 2 1/2 years in custody. U.S. District Judge Henry Floyd in Spartanburg, S.C., said the government cannot hold Padilla indefinitely as an "enemy combatant," a designation President Bush gave him in 2002. "The court finds that the president has no power, neither express nor implied, neither constitutional nor statutory, to hold petitioner as an enemy combatant," Floyd wrote in a 23-page opinion that was a stern rebuke to the government. He gave the administration 45 days to take action. "We think that this is a wonderful decision," said Padilla's attorney, Andy Patel, as Padilla waited on another line. "It is one of those moments that all Americans should be proud of." The Justice Department did not immediately comment on the ruling. The administration has said Padilla, a former Chicago gang member, sought to blow up hotels and apartment buildings in the United States in addition to planning an attack with a "dirty bomb" radiological device. Padilla was arrested at Chicago's O'Hare International Airport in 2002 after returning from Pakistan. The federal government has said he received training from members of al-Qaida. Padilla is one of two U.S. citizens designated as enemy combatants. The second, Louisiana native Yaser Hamdi, was released in October after the Justice Department said he no longer posed a threat to the United States and no longer had any intelligence value.