News Release

December 22, 2005

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Federal Court Rejects Bush Attempt to Transfer Padilla Case
Judge chides administration's legal actions

WASHINGTON - On Wednesday, a three-judge panel of the 4th U.S. Circuit Court of Appeals turned down the Bush administration's request to transfer terrorism suspect Jose Padilla from military to civilian law enforcement custody.

Tim Lynch, director of Cato's Project on Criminal Justice, made the following statement:

"Wednesday's ruling is a sharp rebuke to the Bush administration. The decision means that Jose Padilla will remain in military custody and his petition to the Supreme Court challenging the legality of his military detention will be considered in the ordinary course of business.

"Judge Michael Luttig's opinion said there was no valid reason given by the government to warrant a transfer of Padilla at this time--and that to approve the government's request would, at the least, create an appearance of impropriety. Judge Luttig also chided the Bush administration for 'underestimating' the toll that these recent actions have taken upon the government's 'credibility before the courts.'

"Just before Thanksgiving, Attorney General Gonzalez tried to move Mr. Padilla from military custody in South Carolina to civilian custody in Florida, where he was to be prosecuted for certain crimes. The timing of that move raised questions because Padilla had a petition pending before the Supreme Court--and the move seemed to be an attempt to keep Padilla's case from being heard by that Court, where an adverse precedent would likely be set.

"The Supreme Court will soon decide whether to hear Jose Padilla's case, in which he challenges the President's authority to hold him in military custody as an enemy combatant without formal criminal charges."