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Univ. of San Diego School of Law

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Wednesday, December 21, 2005

4th Circuit Refuses to Transfer Padilla to Civilian Custody

"In a sharp rebuke, a federal appeals court denied Wednesday a Bush administration request to transfer terrorism suspect Jose Padilla from military to civilian law enforcement custody...The 4th U.S. Circuit Court of Appeals (in Richmond, VA) also refused the administration's request to vacate a September ruling that gave President Bush wide authority to detain "enemy combatants" indefinitely without charges on U.S. soil. The decision, written by Judge J. Michael Luttig, questioned why the administration used one set of facts before the court for 3 1/2 years to justify holding Padilla without charges but used another set to convince a grand jury in Florida to indict him last month. Luttig said the administration has risked its "credibility before the courts" by appearing to try to keep the Supreme Court from reviewing the extent of the president's power to hold enemy combatants without charges." More from Law.com. . . [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2005/12/4th_circuit_ref.html

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