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.
this case is out of control now - I think I understand what the administation is doing - delaying the inevitable, the inevitable being that Padilla will be granted a full US civil trial which the government will not be able to win.
in the end, Padilla will walk.
This is quite possibly the most inchorent article by the AP I have ever read. Either that or someone in the Justice Department has gone stark raving mad. Good for Judge Lutting.
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.
OK, I'm officially confused. The Bush administration is seeking to have a favorable ruling, recognizing its authority to detain enemy combatants, vacated??? ...and to have Padilla put in civil custody instead of military???
I don't get it...
the administration knows its going to lose the appeal in the SCOTUS, the civil indictment was used as a ruse to delay it.
"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 will be granted a US civil trial, which the administration knows it cannot win given the rules of evidence - for example, they cannot allow the top AQ folks being held in the foreign prisons, to be deposed.
right, once the SOCTUS shoots it down - the concept of an enemy combatant designation (for a US citizen at least) will be over.
I don't know much of the details about this civil indictment - whether they can get this guy on anything, whether there is evidence they can present in open court that they can use to convict him of something at least.
The administration has argued it can hold people without trial.
It won the appeals court case.
But then it decided to file charges against Padilla in civilian court, and obtained an indictment.
I can only guess that the appeals court ruling didn't simply give Bush the "right" to hold Padilla, it actually ASSIGNED Padilla to the military court system. So Bush had to ask to transfer Padilla to the civilian courts.
But it seems that in arguing to do so, the court thinks the administration presented facts at variance with their previous presentations, and so they denied them their request.
Now I guess Padilla's appeal goes to the SC, which has certified the case.
I think the administration is being cautious. It got enough evidence in this case that it could declassify to get a civilian conviction. It has an appeals court ruling that it can detain people. By transfering Padilla, they hoped to avoid the possibility that the Supreme Court would rule against them -- not that they care in THIS case, since they can handle Padilla in civilian court, but because it would weaken the presidency.
I guess that Bush is pretty happy right now that he picked Alito, and not Luttig, for the Supreme Court.....
after the sammi al arian failure to convict - I have zero confidence in criminal trials on these matters.
based on some stuff I read about Scalia's opinion on these matters regarding combatants - we don't have a chance in the SCOTUS. so the administration is trying to do make the best move it can.
Just shoot him while trying to escape or have a suicide in his cell. Problem solved.
"are basically aiding and abetting"
Just to clarify, that is not accurate. They are more detailed and involve training camps etc. but the point is that main contention "dirty bomb" is not there.
Published order denying motion for authorization to transfer petitioner from military custody
Help me out: Bush loses because this guy remains in military custody?
>>>Help me out: Bush loses because this guy remains in military custody?
He remains in custody for the moment. If a higher court rules that enemy combatants can't be held, then he goes free.
Looks like Luttig is not too happy with Bush for being overlooked for SCOTUS.
Keep him in military custody, Judge? Fine we have a military prison in Afgahnistan that he will be tickled with.
We're warming up the plane right now.
Time for Padilla to have an "accident".
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