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12/11/2005:

"US government retreats on Padilla case"

12/10/05 -- -- WASHINGTON, Dec 9 (Reuters) - The U.S. government, in an unusual retreat, urged a federal appeals court on Friday to set aside its 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, Virginia, Justice Department lawyers said that since Jose Padilla -- who was held by the U.S. military for more than 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 Sept. 9 ruling that allowed Padilla to be held by the military without charge.

That ruling had been seen as a significant victory and a legal precedent for the administration in its war on terrorism and its controversial policy of holding enemy combatants in prison for long periods without charges.

In the filing on Friday, the Justice Department lawyers also urged the court to approve the request to transfer Padilla to civilian custody so he can face trial in Florida. They said Padilla once lived in Florida and became involved with the other people named in his indictment there.

The appeals court had delayed Padilla's transfer to civilian custody until the government explained 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.

The government's filing said prosecutors had the right to limit charges in the indictment, particularly if that would allow them to avoid "sensitive evidentiary issues" that could implicate national security.
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