Appeals Court Slams Administration on Padilla Detention
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/21/AR2005122101524.html?nav=rss_nation
By Fred Barbash
Wednesday, December 21, 2005; 4:15 PM
A U.S. appeals court, acting in the case of alleged "enemy combatant" Jose Padilla, today rejected the administration's move to avoid another Supreme Court review of its powers to detain individuals without trial, blasting the government in unusually blunt terms for its behavior in the Padilla case.
The unusual decision by the 4th U.S. Circuit Court of Appeals stems from the administration's actions last month just as the Supreme Court was set to consider whether to review the Padilla case.
At that time, after holding him without charges for three-and-a-half years, it indicted Padilla on criminal charges and asked the 4th Circuit to have him moved from a military prison to a civilian prison, thus mooting the issues the Supreme Court might have reviewed.
On top of that, it asked the appeals court to withdraw the opinion it issued that might have been considered by the justices, even though that opinion upheld the administration's position on detention.
Today, the panel that issued the opinion rejected both requests.
It said the government's actions create the appearance "that the government may be attempting to avoid" Supreme Court review in a matter of "especial national importance."
The opinion of the three judge panel was written by J. Michael Luttig, a conservative judge often mentioned as a Bush administration Supreme Court nominee.
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/21/AR2005122101524.html?nav=rss_nation
By Fred Barbash
Wednesday, December 21, 2005; 4:15 PM
A U.S. appeals court, acting in the case of alleged "enemy combatant" Jose Padilla, today rejected the administration's move to avoid another Supreme Court review of its powers to detain individuals without trial, blasting the government in unusually blunt terms for its behavior in the Padilla case.
The unusual decision by the 4th U.S. Circuit Court of Appeals stems from the administration's actions last month just as the Supreme Court was set to consider whether to review the Padilla case.
At that time, after holding him without charges for three-and-a-half years, it indicted Padilla on criminal charges and asked the 4th Circuit to have him moved from a military prison to a civilian prison, thus mooting the issues the Supreme Court might have reviewed.
On top of that, it asked the appeals court to withdraw the opinion it issued that might have been considered by the justices, even though that opinion upheld the administration's position on detention.
Today, the panel that issued the opinion rejected both requests.
It said the government's actions create the appearance "that the government may be attempting to avoid" Supreme Court review in a matter of "especial national importance."
The opinion of the three judge panel was written by J. Michael Luttig, a conservative judge often mentioned as a Bush administration Supreme Court nominee.