Reply #9: US says court ruling on Padilla should be set aside

[Thom Little]

The U.S. government, in an unusual retreat, on Friday urged a federal appeals court to set aside its September ruling that allowed the United States to hold an American citizen as an enemy combatant without being charged.

In a filing to the U.S. Appeals Court in Richmond, the government said since Jose Padilla -- who was held by the U.S. military for over three years as an enemy combatant -- has been indicted by a civilian court in Florida, the case regarding his military custody was moot.

As a result, the government said the court should go ahead and set aside its September 9, 2005, ruling that allowed Padilla to be held without charge. That ruling had been seen as a significant victory for the administration's legal efforts in its war on terrorism.

The government was responding to an order by the appeals court to explain why it used different facts to justify Padilla's military detention from those included in last month's indictment that charged Padilla with conspiracy to murder and aiding terrorists abroad. It said the court should approve the request to transfer Padilla to civilian custody so he can face trial in Florida.



http://today.reuters.com/news/newsArticleSearch.aspx?storyID=233911