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The Bush administration loses in federal appeals court

aps

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Remember how the Bushies changed their bases for indicting Padilla? Well, the Fourth Circuit (which is a VERY conservative circuit court) just blasted the Bush administration. Tsk tsk Luttig is a Bush senior appointee.
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The decision, written by Judge Michael Luttig, questioned why the administration used one set of facts before the court for 3½ years to justify holding Padilla without charges but used another set to convince a grand jury in Florida to indict him last month.

In bringing the original criminal charges against Padilla, the Justice Department said Padilla had plotted with al-Qaida to set off a radioactive "dirty bomb" in the United States and schemed to blow up apartment buildings.

But Padilla was charged last month in Miami with being part of a terrorism cell that raised money and recruited fighters to wage jihad outside the United States. The government made no mention of its previous allegations against him in the latest indictment.

Luttig said the administration has risked its “credibility before the courts” by appearing to use the indictment of Padilla to thwart an appeal of the appeals court’s decision that gave the president wide berth in holding enemy combatants.

http://www.msnbc.msn.com/id/10562970/

It's about time these federal courts showed some objectivity.
 

Caine

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aps said:
Remember how the Bushies changed their bases for indicting Padilla? Well, the Fourth Circuit (which is a VERY conservative circuit court) just blasted the Bush administration. Tsk tsk Luttig is a Bush senior appointee.
_____

The decision, written by Judge Michael Luttig, questioned why the administration used one set of facts before the court for 3½ years to justify holding Padilla without charges but used another set to convince a grand jury in Florida to indict him last month.

In bringing the original criminal charges against Padilla, the Justice Department said Padilla had plotted with al-Qaida to set off a radioactive "dirty bomb" in the United States and schemed to blow up apartment buildings.

But Padilla was charged last month in Miami with being part of a terrorism cell that raised money and recruited fighters to wage jihad outside the United States. The government made no mention of its previous allegations against him in the latest indictment.

Luttig said the administration has risked its “credibility before the courts” by appearing to use the indictment of Padilla to thwart an appeal of the appeals court’s decision that gave the president wide berth in holding enemy combatants.

http://www.msnbc.msn.com/id/10562970/

It's about time these federal courts showed some objectivity.

WOOT!
:smile:
 

aps

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Caine said:
WOOT!
:smile:
Some of the members of Congress are questioning the administration's credibility (regarding Iraq, the Patriot Act, and surveillance).

Many people question their credibility (regarding Iraq).

Now the judiciary is questioning their credibility.

I remember being surprised by the administration's changing of the charges filed against Padilla. I knew something was fishy.....

This reminds me of my favorite quote:

When wealth is lost, nothing is lost
When health is lost, something is lost
When character is lost, all is lost

It is a German proverb.
 
H

hipsterdufus

The Wahington Times had a little more to add on the story. The reason behind the transfer is to avoid taking the issue to SCOTUS.
With 7 out of 9 SCOTUS members Republican appointees, that's hard to believe.

WASHINGTON, Dec. 21 - A federal appeals court delivered a sharp rebuke to the Bush administration Wednesday, refusing to allow the transfer of Jose Padilla from military custody to civilian law enforcement authorities to face terrorism charges.

In denying the administration's request, the three-judge panel unanimously issued a strongly worded opinion that said the Justice Department's effort to transfer Mr. Padilla gave the appearance that the government was trying to manipulate the court system to prevent the Supreme Court from reviewing the case. The judges warned that the administration's behavior in the Padilla case could jeopardize its credibility before the courts in other terrorism cases.
http://www.nytimes.com/2005/12/22/p...c0ea82b1cb88&ei=5089&partner=rssyahoo&emc=rss
 
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