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Reuters
January 4, 2006
By James Vicini
The U.S. Supreme Court cleared the way on Wednesday for the Bush administration to transfer "enemy combatant" Jose Padilla from U.S. military custody to federal authorities in Florida to face criminal charges.
The order reversed a ruling by a U.S. appeals court in Richmond, Virginia, that had rejected the Justice Department's request to approve Padilla's transfer while his appeal of his military detention remained pending before the Supreme Court.
The high court's action does not resolve the key question in the case on whether President George W. Bush in the war on terrorism has the power to order American citizens captured in this country held in military jails as an enemy combatant.
Solicitor General Paul Clement of the Justice Department last month asked for approval to transfer Padilla so he can stand trial on charges of being part of a support cell providing money and recruits for militants overseas.
The request was filed with Chief Justice John Roberts and he referred the matter to the full court, which approved the transfer. A Justice Department spokesman said he did not know when Padilla's transfer would take place.
Padilla was indicted in November in Florida for conspiracy to murder and aiding terrorists abroad but the charges make no reference to accusations made by U.S. officials after his arrest in May 2002 that he plotted with al Qaeda to set off a radioactive "dirty bomb" in the United States.
The indictment also makes no reference to later accusations by U.S. officials that Padilla plotted with al Qaeda leaders to blow up U.S. apartment buildings by using natural gas.
In a stinging rebuke for the administration, the appeals court had said the government's decision to bring criminal charges against Padilla after he had been held by the U.S. military for more than three years gave the impression the government was trying to avoid high court review of the case.
The government brought the criminal case against Padilla after his lawyers appealed to the Supreme Court over a ruling by the same appeals court in September that Bush had the power to detain Padilla in military custody as an enemy combatant.
The Supreme Court said in its order on Wednesday that it will consider Padilla's appeal challenging his military detention "in due course." The case is scheduled to be considered by the court at the end of next week.
Attorney General Alberto Gonzales has said the enemy combatant issue before the Supreme Court should be moot since Padilla has now been charged in civilian court.
Padilla's lawyers argued that the court still should decide the issue. They argued that Bush does not have the power to seize American citizens on U.S. soil and subject them to indefinite military detention without criminal charge or trial.
Additional reporting by Deborah Charles
© Reuters 2006
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