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Appeals Court Refuses to Transfer Padilla
Associated Press ^ | December 21, 2005 | Toni Locy

Posted on 12/21/2005 2:06:48 PM PST by AntiGuv

WASHINGTON - In a sharp rebuke, a federal appeals court denied Wednesday a Bush administration request to transfer terrorism suspect Jose Padilla from military to civilian law enforcement custody.

The three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals also refused the administration's request to vacate a September ruling that gave President Bush wide authority to detain "enemy combatants" indefinitely without charges on U.S. soil.

The decision, written by Judge Michael Luttig, questioned why the administration used one set of facts before the court for 3 1/2 years to justify holding Padilla without charges but used another set to convince a grand jury in Florida to indict him last month.

Luttig said the administration has risked its "credibility before the courts" by appearing to use the indictment of Padilla to thwart an appeal of the appeals court's decision that gave the president wide berth in holding enemy combatants.

Padilla, a former Chicago gang member, was arrested in 2002 at Chicago's O'Hare Airport as he returned to the United States from Afghanistan. Justice and Defense Department officials alleged Padilla had come home to carry out an al-Qaida backed plot to blow up apartment buildings in New York, Washington or Florida.


TOPICS: Crime/Corruption; Extended News; Foreign Affairs; Government; News/Current Events; War on Terror
KEYWORDS: 4thcircuit; enemycombatant; jihadinamerica; luttig; padilla; terrortrials; wot
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To: jwalsh07

another very good example - we can't be at war with these people in the Sudan, but at OHare airport we aren't.

the whole thing is screwed up.


161 posted on 12/21/2005 7:07:22 PM PST by oceanview
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To: Sandy
"*Planning* to levy war (or *planning* to set off a dirty bomb or fly a plane into a building) wouldn't be considered as *actually* levying war, so it couldn't Constitutionally be considered treason."

Mere plotting isn't treason, but I think that principle is more accurately stated that something has to be actually done to advance the treasonous plot. It doesn't have to be carried to fruition to be treason.

I assume that would be true in state trials too since it's an english law "thing" (as you know I'm no lawyer- I have run across the concept in historical accounts).

162 posted on 12/21/2005 7:11:04 PM PST by mrsmith
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To: oceanview
"al qaeda is a foreign military, and Padilla was a "member"."

In Taliban Johns case, he was on the field with the enemy. In Padilla case he was at the airport quite possibly menacingly munching peanuts.

Just to reiterate for everyone. I'm not saying he didn't do it. Only that we still need to follow the Constitution and rule of law.

Also, when did we start calling A.Q. a foreign military? That would require we treat them as POWs.
163 posted on 12/21/2005 7:12:49 PM PST by ndt
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To: ndt
In Padilla case he was at the airport quite possibly menacingly munching peanuts.

You really should read Luttigs opinion. You're straying quite far afield of the facts as presented in that opinion.

164 posted on 12/21/2005 7:15:28 PM PST by jwalsh07
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To: Torie

Hey, I always like it when you agree with me. Somewhat less when you disagree but I can take it. LOL


165 posted on 12/21/2005 7:16:09 PM PST by jwalsh07
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To: jwalsh07

rereading now. Thanks for the heads up.


166 posted on 12/21/2005 7:16:37 PM PST by ndt
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To: ndt

so if John Walker had done the same things he did on the battlefield, and made it from the battlefield to an airport in Pakistan, and flown to OHare, would his status have changed?


167 posted on 12/21/2005 7:17:47 PM PST by oceanview
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To: oceanview

"so if John Walker had done the same things..."

It would be much harder to prove yes. That is what we are talking about here (among other things), the ability to prove allegations. That is the entire reason for trials.


168 posted on 12/21/2005 7:21:32 PM PST by ndt
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To: CharlesWayneCT

Why weren't treason/sedition laws as in Title 18 used against a US citizen in this case? It seems obvious that he is not an enemy combatant?


169 posted on 12/21/2005 7:25:55 PM PST by Rockitz (After all these years, it's still rocket science.)
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To: mrsmith
It doesn't have to be carried to fruition to be treason.

I think it does have to be carried to fruition, or at least that was a requirement way back in the Marshall Court days.

170 posted on 12/21/2005 7:26:10 PM PST by Sandy
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To: ndt

I do not agree that any courts have jurisdiction in the prosecution of a war.

If the people have a problem with the way the executive is prosecuting a war, they should take it up with their elected representatives.

Interpreting the constitution as a suicide pact is believing that your rights are so freaking sacred that they should be given deference to in every circumstance, no matter how extreme, even if the practical result is the death of citizens or soldiers at the hands of our enemies.



171 posted on 12/21/2005 7:26:36 PM PST by Valpal1 (Crush jihadists, drive collaborators before you, hear the lamentations of their media. Allahu FUBAR!)
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To: jwalsh07

"You really should read Luttigs opinion."

I see what your getting at, but keep in mind that this is based on the governments statement of fact, which very well might be 100% correct. Then again it might not.


172 posted on 12/21/2005 7:28:42 PM PST by ndt
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To: Valpal1
"Interpreting the constitution as a suicide pact is ... "

What is the process by which the Constitution is considered null and void or even abridged?

Do you consider some rights to be self evident or god given?
173 posted on 12/21/2005 7:33:04 PM PST by ndt
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To: connectthedots

Collateral estoppel has NOTHING to do with how you argue two different cases.

It DOES apply the principle that, once an issue has been litigated and judgement made, it cannot be re-litigated as though the prior judgement never occurred. It normally applies to the facts of the case, not the interpretation of the law. E.g., the appeal of a criminal case does NOT ( normally ) re-argue the facts established at trial; it ( normally ) addresses procedural issues and rulings, how the law was applied to the facts, the appropriateness of the decision or outcome, and so forth.

Collateral estoppel does not prevent an appeal of the decision to a higher court, or prevent a party from asking the judge for reargument or a revised decision. It is an efficiency rule meant to save judicial resources by avoiding the relitigation of issues of fact that have already been actually litigated. The rule is also intended to protect defendants from the inequity of having to defend the same lawsuit repeatedly.

[ The above is largely paraphrased from Web sources; I'm NOT a lawyer, nor do I play one here or elsewhere. ]

While I sympathise with those who are frustrated by this decision, I don't see any other way it could have gone, as a matter of law. Taken independently, the Government's position in either instance is defensible. Taken all at once by the Appeals Court, you get this outcome.

The Government doesn't want to BE in a Civil Court WHILE at war to decide an issue strictly pertinent to the conduct of the war. The Civil Courts aren't equipped to deal with issues pertinent to the conduct of this ( or ANY ) war. This has been demonstrated repeatedly.

The issue ISN'T the merits of the Government's case as much as the appropriateness of the venue.


174 posted on 12/21/2005 7:35:16 PM PST by 21stCenturion ("It's the Judges, Stupid !")
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To: AntiGuv

Leave him in military custody. Send him to Abu Grahib.


175 posted on 12/21/2005 7:37:44 PM PST by Brilliant
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To: oceanview

This just shows why judges should have no role in the war on terror.


176 posted on 12/21/2005 7:39:40 PM PST by Brilliant
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To: Sandy

You know, if Padilla had not been a gang member, I might give a damn. Fry him.


177 posted on 12/21/2005 7:41:11 PM PST by Brilliant
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To: lugsoul

No we should kill him because he is collecting and sending money to terrorists. I realise you liberal folks dont believe anyone would do such a thing , but it happens.


178 posted on 12/21/2005 7:58:29 PM PST by sgtbono2002
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To: lugsoul

Do you realy believe this clown returned from Afghanistan to come home and lead a life of peace?

I have some land for sale if you are interested.


179 posted on 12/21/2005 8:02:51 PM PST by sgtbono2002
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To: 21stCenturion
Collateral estoppel has NOTHING to do with how you argue two different cases.

I know that; but this involves the same case.

[ The above is largely paraphrased from Web sources; I'm NOT a lawyer, nor do I play one here or elsewhere.]

That's good to know. Last thing we need is another lawyer who doesn't undestand collateral estoppel.

180 posted on 12/21/2005 8:08:32 PM PST by connectthedots
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