Wednesday, December 21, 2005
Not So Fast There
I had argued that the Government's decision to abandon its position that Jose Padilla was an enemy combatant and go the criminal indictment route for Padilla's overseas actions was motivated by the wish to avoid the straight-jacket-like embarrassment of the Supreme Court saying every enemy combatant born in the USA or to US parents could only be held with a criminal indictment in place or in the works. I still think I'm right.
However, the 4th Circuit, with Judge Michael Luttig writing the opinion, has thwarted the Government's plan to avoid the Supreme Court by refusing here to turn Padilla over to the authorities for a criminal indictment awaiting him in Florida (Padilla is in a South Carolina Navy brig) or to dismiss the action. Judge Luttig thinks it's too important a question to moot out at the last moment. I knew I liked this guy.
I was in grad school at the University of Virginia when Luttig was in law school there. I might have seen him, but I never met him. I recently asked some friends in law school there at the same time if they knew him and could tell me some embarrassing gossip. They said Luttig's circle was "above" theirs and they never had any contact with him. Huh? I thought my friends were pretty cool and accomplished. Of course, they're not on the federal bench either, so I guess it all makes sense.
However, the 4th Circuit, with Judge Michael Luttig writing the opinion, has thwarted the Government's plan to avoid the Supreme Court by refusing here to turn Padilla over to the authorities for a criminal indictment awaiting him in Florida (Padilla is in a South Carolina Navy brig) or to dismiss the action. Judge Luttig thinks it's too important a question to moot out at the last moment. I knew I liked this guy.
I was in grad school at the University of Virginia when Luttig was in law school there. I might have seen him, but I never met him. I recently asked some friends in law school there at the same time if they knew him and could tell me some embarrassing gossip. They said Luttig's circle was "above" theirs and they never had any contact with him. Huh? I thought my friends were pretty cool and accomplished. Of course, they're not on the federal bench either, so I guess it all makes sense.
# posted by Roger Fraley @ 7:16 PM 
