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Court Rejects Request to Transfer Padilla
A U.S. appeals court yesterday rejected the Bush administration’s request to transfer one-time “dirty bomb” suspect Jose Padilla from military to civilian custody, the Associated Press reported (see GSN, Dec. 12). The court also denied the White House request to vacate a court ruling that enemy combatants could be held indefinitely without charge in the United States. In its decision, a three-judge panel of the 4th U.S. Circuit Court of Appeals said the administration has risked its “credibility before the courts” by seemingly attempting to stop the Supreme Court from reviewing U.S. enemy combatant policy. The court also questioned why facts used to indict Padilla were different than the ones used to hold him without charges for 3 1/2 years. Judge J. Michael Luttig said the Supreme Court must determine Padilla’s fate. Justice Department spokeswoman Tasia Scolinos said officials were disappointed with the decision. The government should be able to both charge suspected terrorists or hold them as enemy combatants, she said. “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 (Toni Locy, Associated Press/Gainesville Sun, Dec. 22).
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