Two blows struck in WOT

BREAKING NEWS.... 1 07PM, Pacific Time

Jury finds Moussoui eligible for death penalty! YES! Much cheaper than keeping him fed on our nickel....

Second blow to terrorists? The Supremes refuse to hear the Padilla appeal INRE his transfer from military to civilian custody, and federal charges... 6 to 3.


The request to review the Fourth Circuit court decision was filed with the Supremes on Jan 6, 2006. The MSM is already portraying it as a cautious Bush admin victory on the issue of holding enemy combatants without charges. However the pending order above deals solely with the issue of transfer, filed the day before Padilla was transferred to civilian detention.

I think some caution should be exercised before assuming this decision has anything to do with the ability (or not) to detain suspected terrorists without charges. As is usual, I do believe the MSM is leaping to conclusions to meet deadlines, simplifying the issues before reading, as Justice Kennedy has publicly charged in other arenas.

The case was affected by the Justice Department moving to bring criminal charges against Padilla in November, after his attorneys appealed to the high court. Padilla now is accused of being part of a cell that provided money and recruits for terrorists overseas and has pleaded not guilty.

He was transferred from military to civilian custody in Florida on January 5.

Attorney General Alberto Gonzales said the enemy combatant issue should be considered moot because Padilla was charged in federal court. The Justice Department urged the Supreme Court to reject Padilla's appeal.

It appears this decision is the end result of Padilla's attempts to get released by claiming he was illegally detained - a factor which became moot when the Justice Dept moved the case from military to civilian criminal courts last fall. Regardless of the specifics of the decision, what is evident is that it is definitely WOT-1, and Padilla-0 in the score.

Justices were not split along judicial personal party lines. New guy on the block, John Roberts, found himself in agreement with moderate Anthony Kennedy, and stalwart liberal, John Paul Stevens. Predictably however, Souter, Ginsberg and Breyer dissented.

Opinions are not yet posted for online reading.