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.
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.....
If he will walk in a trial, he shouldn't be in jail for years. I'm amazed how many folks here feel differently, but we shouldn't be jailing people for what we think - but can't prove - they did, or for what we think they might do.
in the end, Padilla will walk.
......................................
He'll walk right into a hail of bullets. But I don't think he'll walk...