Well. I guess Luttig wasn't such a lapdog after all.
WASHINGTON - A government request to transfer terrorism suspect Jose Padilla from military to civilian custody was rejected by an appeals court that said the administration's shifting tactics in the case threatens its credibility with the courts.
The three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals also refused on Wednesday 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 J. 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.
Luttig said the administration has risked its "credibility before the courts" by appearing to try to keep the Supreme Court from reviewing the extent of the president's power to hold enemy combatants without charges.
Those "activist" judges are getting a little uppity lately. Good for them.