Court Refuses to Transfer Padilla to Civilian Custody

By THE ASSOCIATED PRESS

WASHINGTON -- In a sharp rebuke, a federal appeals court denied Wednesday a Bush administration request to transfer terrorism suspect Jose Padilla, a former Chicago gang member, from military to civilian law enforcement custody.

The three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals 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 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.