Justices Order Padilla Terror Case Moved to Civilian Court
By Jerry Markon
Washington Post Staff Writer
Thursday, January 5, 2006; Page A01
The U.S. Supreme Court allowed federal prosecutors yesterday to take over the case of "enemy combatant" Jose Padilla so he could face criminal terrorism charges, overruling a lower court and ending an unusual battle between the executive and judicial branches.
In a one-page order, the justices authorized Padilla's transfer from a Navy brig to Justice Department custody. He will be brought before a federal judge in Miami.
The Bush administration had requested the transfer, and government officials said they were pleased with the court's order. But yesterday's decision did not settle the larger issues raised by the Padilla case, including whether a U.S. citizen could be held in military custody without charges.
Still, the order marked a major step in the odyssey of Padilla, whose arrest in Chicago in 2002 triggered a legal and philosophical battle over the government's power to detain Americans captured in this country. He was introduced to the public as a shadowy former gang member who converted to Islam and stood accused by top federal officials of plotting to detonate a radiological "dirty bomb." He was locked in the brig for more than three years. For much of that time, Padilla had no access to a lawyer, and he has never appeared in court to fight his detention.
Now, the man whose face is known only from one old photo shown repeatedly on television and in newspapers will appear in a public courtroom in a case that has come to symbolize many of the conflicting arguments over the Bush administration's approach to fighting terrorism.
"He's been a figure of mystery. His status was semi-covert before," said Paul Rothstein, a law professor at Georgetown University Law Center who teaches national security. "A much greater segment of the public will now be aware of him."
The Supreme Court order concluded the latest dispute over Padilla's status, one that began when he was indicted in Miami in late November. The U.S. Court of Appeals for the 4th Circuit rejected his transfer from military to Justice Department custody and rebuked the administration for its handling of the case.
Justice Department attorneys responded by saying the court had overstepped its bounds and infringed on President Bush's ability to run the war on terror. The accusation was striking because the Richmond-based 4th Circuit is considered the most conservative appellate court in the country, and it has sided with the Bush administration in this and other high-profile terrorism cases.
Yesterday's order did not offer any rationale. The court said it would decide "in due course" whether to take up Padilla's detention by the military. Attorneys for Padilla are urging the court to review the matter, but the Justice Department says the issue is moot because Padilla has been charged in the criminal justice system. Lawyers involved in the case have said they expect the court to make a decision this month.
It was unclear late yesterday when Padilla would be flown from South Carolina to Miami and when he would make his first court appearance. The U.S. Marshals Service, which transfers federal prisoners, indicated the move would not be immediate.
"It's not an automatic thing," said Mavis Dezulovich, a Marshals Service spokeswoman. "There are some legal issues and paperwork that have to be set in place before a transfer can occur."
Security also is a factor. Dezulovich said the nature of the allegations against Padilla, and the publicity surrounding the case, "would dictate that it would take some time to get things in place."
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Washington Post Staff Writer
Thursday, January 5, 2006; Page A01
The U.S. Supreme Court allowed federal prosecutors yesterday to take over the case of "enemy combatant" Jose Padilla so he could face criminal terrorism charges, overruling a lower court and ending an unusual battle between the executive and judicial branches.
In a one-page order, the justices authorized Padilla's transfer from a Navy brig to Justice Department custody. He will be brought before a federal judge in Miami.
The Bush administration had requested the transfer, and government officials said they were pleased with the court's order. But yesterday's decision did not settle the larger issues raised by the Padilla case, including whether a U.S. citizen could be held in military custody without charges.
Still, the order marked a major step in the odyssey of Padilla, whose arrest in Chicago in 2002 triggered a legal and philosophical battle over the government's power to detain Americans captured in this country. He was introduced to the public as a shadowy former gang member who converted to Islam and stood accused by top federal officials of plotting to detonate a radiological "dirty bomb." He was locked in the brig for more than three years. For much of that time, Padilla had no access to a lawyer, and he has never appeared in court to fight his detention.
Now, the man whose face is known only from one old photo shown repeatedly on television and in newspapers will appear in a public courtroom in a case that has come to symbolize many of the conflicting arguments over the Bush administration's approach to fighting terrorism.
"He's been a figure of mystery. His status was semi-covert before," said Paul Rothstein, a law professor at Georgetown University Law Center who teaches national security. "A much greater segment of the public will now be aware of him."
The Supreme Court order concluded the latest dispute over Padilla's status, one that began when he was indicted in Miami in late November. The U.S. Court of Appeals for the 4th Circuit rejected his transfer from military to Justice Department custody and rebuked the administration for its handling of the case.
Justice Department attorneys responded by saying the court had overstepped its bounds and infringed on President Bush's ability to run the war on terror. The accusation was striking because the Richmond-based 4th Circuit is considered the most conservative appellate court in the country, and it has sided with the Bush administration in this and other high-profile terrorism cases.
Yesterday's order did not offer any rationale. The court said it would decide "in due course" whether to take up Padilla's detention by the military. Attorneys for Padilla are urging the court to review the matter, but the Justice Department says the issue is moot because Padilla has been charged in the criminal justice system. Lawyers involved in the case have said they expect the court to make a decision this month.
It was unclear late yesterday when Padilla would be flown from South Carolina to Miami and when he would make his first court appearance. The U.S. Marshals Service, which transfers federal prisoners, indicated the move would not be immediate.
"It's not an automatic thing," said Mavis Dezulovich, a Marshals Service spokeswoman. "There are some legal issues and paperwork that have to be set in place before a transfer can occur."
Security also is a factor. Dezulovich said the nature of the allegations against Padilla, and the publicity surrounding the case, "would dictate that it would take some time to get things in place."
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