A panel of the 4th U.S. Circuit Court of Appeals in Richmond, Va., refused last month to allow the transfer of Padilla from military custody in South Carolina to civilian custody, citing the government's use of one set of facts before the courts to justify Padilla's military detention without charges and another to persuade a grand jury in Miami to indict him on the terrorism-related charges.In that appeals court decision, Judge J. Michael Luttig warned the administration that it risked its credibility with the courts by changing tactics in what could be interpreted as an effort to avoid judicial scrutiny.
His opinion differs from lib reasons.
I would compare his ruling in this case to Alito's rulings in favor of abortion rights groups in other cases.
They still are both solid conservatives.
Given the similarity in appearence between Padillo and John Doe number two of OKC fame, I wonder what's really going on.