Court allows transfer of Padilla to civilian custody

USA TODAY, January, 2006 by Joan Biskupic and Kevin Johnson

WASHINGTON -- The Supreme Court agreed Wednesday to let the Justice Department transfer "enemy combatant" Jose Padilla from military to civilian custody to face criminal charges.

The order, issued without a recorded vote or explanation, reverses a lower court effort to block the Bush administration from easily transferring Padilla as it shifts legal strategy in the 3-year-old case. Wednesday's high court action did not address a more significant pending question testing the president's authority to designate certain suspects as enemy combatants and detain them indefinitely without charges.

"We're pleased to be able to move forward with the criminal case," Justice Department spokesman John Nowacki said. He declined to comment on the timing of the transfer. Jonathan Freiman, one of Padilla's lawyers, said Padilla's transfer should not affect the court's decision whether to hear the larger question about the president's power.

Padilla, a ...