Court rules against gov't in Padilla case — by James Vicini
By James Vicini
12/21/05 WASHINGTON (Reuters) - In a stinging rebuke to the Bush administration, a U.S. appeals court refused on Wednesday to transfer "enemy combatant" Jose Padilla from U.S. military custody to federal authorities in Florida until the Supreme Court considered his case.
The court said bringing criminal charges against Padilla in Florida after he had been held by the U.S. military for more than three years created the appearance the government may be attempting to avoid high court review of the case.
Padilla, an American citizen, was charged last month with being part of a support cell providing money and recruits for militants overseas. The Justice Department had accused Padilla after his arrest in May 2002 of plotting to set off a radioactive "dirty bomb."
The ruling came on a day the administration was struggling to get the anti-terrorism Patriot Act reauthorized, and while it is under fire in the U.S. Congress for President George W. Bush's secret order allowing domestic eavesdropping.
The appeals court also rejected the government's request that it set aside a ruling that allowed Padilla to be held as an enemy combatant without being charged. Wiping out that ruling would have made it virtually impossible for the Supreme Court to review the case.
The Bush administration, in bringing the criminal charges against Padilla, maintained that his challenge to being held by the military was moot and must be rejected by the Supreme Court.
The justices could decide as early as next month whether to hear his case.
Though U.S. officials initially said Padilla had plotted with al Qaeda to set off a radioactive "dirty bomb" in the United States and then later said he had plotted to blow up apartment buildings using natural gas. The criminal charges against him made no mention of either accusation.
The government's actions "have left ... the impression that Padilla may have been held for these years, even if justifiably, by mistake -- an impression we would have thought the government could ill afford to leave extant," Judge J. Michael Luttig wrote in the ruling.
He said the government's actions could affect the public's perception of the war on terrorism and the government's credibility in the courts.
Luttig said the government left the impression that the principle the president can detain enemy combatants who enter the United States to carry out attacks "can, in the end, yield to expediency with little or no cost to its conduct of the war against terror."
Luttig, a staunchly conservative judge who was considered but not selected by Bush for the recent Supreme Court vacancies, said Padilla's case presented an issue of sufficient national importance to warrant high court consideration.
Donna Newman, one of Padilla's attorneys, said she hoped the ruling provided an incentive for the Supreme Court to hear the case. "I think it speaks loud and clear," she said.
Justice Department spokeswoman Tasia Scolinos expressed disappointment. "The department is in the process of reviewing the court's order and will continue to consider all options with respect to pursuing the criminal charges as expeditiously as possible," she said in a statement
Copyright Reuters
12/21/05 WASHINGTON (Reuters) - In a stinging rebuke to the Bush administration, a U.S. appeals court refused on Wednesday to transfer "enemy combatant" Jose Padilla from U.S. military custody to federal authorities in Florida until the Supreme Court considered his case.
The court said bringing criminal charges against Padilla in Florida after he had been held by the U.S. military for more than three years created the appearance the government may be attempting to avoid high court review of the case.
Padilla, an American citizen, was charged last month with being part of a support cell providing money and recruits for militants overseas. The Justice Department had accused Padilla after his arrest in May 2002 of plotting to set off a radioactive "dirty bomb."
The ruling came on a day the administration was struggling to get the anti-terrorism Patriot Act reauthorized, and while it is under fire in the U.S. Congress for President George W. Bush's secret order allowing domestic eavesdropping.
The appeals court also rejected the government's request that it set aside a ruling that allowed Padilla to be held as an enemy combatant without being charged. Wiping out that ruling would have made it virtually impossible for the Supreme Court to review the case.
The Bush administration, in bringing the criminal charges against Padilla, maintained that his challenge to being held by the military was moot and must be rejected by the Supreme Court.
The justices could decide as early as next month whether to hear his case.
Though U.S. officials initially said Padilla had plotted with al Qaeda to set off a radioactive "dirty bomb" in the United States and then later said he had plotted to blow up apartment buildings using natural gas. The criminal charges against him made no mention of either accusation.
The government's actions "have left ... the impression that Padilla may have been held for these years, even if justifiably, by mistake -- an impression we would have thought the government could ill afford to leave extant," Judge J. Michael Luttig wrote in the ruling.
He said the government's actions could affect the public's perception of the war on terrorism and the government's credibility in the courts.
Luttig said the government left the impression that the principle the president can detain enemy combatants who enter the United States to carry out attacks "can, in the end, yield to expediency with little or no cost to its conduct of the war against terror."
Luttig, a staunchly conservative judge who was considered but not selected by Bush for the recent Supreme Court vacancies, said Padilla's case presented an issue of sufficient national importance to warrant high court consideration.
Donna Newman, one of Padilla's attorneys, said she hoped the ruling provided an incentive for the Supreme Court to hear the case. "I think it speaks loud and clear," she said.
Justice Department spokeswoman Tasia Scolinos expressed disappointment. "The department is in the process of reviewing the court's order and will continue to consider all options with respect to pursuing the criminal charges as expeditiously as possible," she said in a statement
Copyright Reuters
posted by Sean M. Madden at
2:06 AM
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