I think Bush is going to lose this one even with Roberts in the Supreme Court.
This is as dangerous a confrontation you can think of in terms of Constitution. This President is openly threatening another and
equally important branch of Federal Government---the Judiciary.
The Justice Department, in an unusually strong criticism of a lower court that has historically been a staunch ally, said the earlier order blocking Mr. Padilla's transfer to civilian custody represented an "unwarranted attack" on presidential discretion. In last week's ruling, the United States Court of Appeals for the Fourth Circuit in Richmond, Va., refused to allow Mr. Padilla to be transferred to civilian custody to face charges in Miami that he had conspired with Al Qaeda to commit terror attacks abroad.
More now.. I have modified the Subject Line. I think this is one of the most important stories right now. I hope it get traction for the obvious reason---The Darn Constitution is at stake.
First they illegally detained him and manipulated the Federeal Court by making up false charges.
The appeals court said that the Bush administration, in charging Mr. Padilla in criminal court in November after jailing him for more than three and a half years as an enemy combatant without charges, gave the appearance that it was trying to manipulate the court system to prevent the Supreme Court from hearing the case. And it warned that the maneuvering could harm the administration's credibility in the courts.
When the Judges finally saw through their game and refused to be played as pawns, Bush Junta showed their real face:
But Solicitor General Paul D. Clement, in the administration's new filing today asking the Supreme Court to take up the custody issue, said the Fourth Circuit's decision "defies both law and logic," and he noted that Mr. Padilla himself had sought to be transferred to civilian custody.
In unusually caustic language, the solicitor general said that the Fourth Circuit did not have the authority to "disregard a presidential directive". And he said its decision blocking Mr. Padilla's transfer "is based on a mischaracterization of events and an unwarranted attack on the exercise of Executive discretion, and, if given effect, would raise profound separation-of-powers concerns."
What does it mean by a "Directive"? Is it a fancy word for President's "Order"? So, George Bush has the power to "order" a Federal Judge who is constitutionally authorized to render Justice?? And the weird thing is that the Justice who wrote for the majority is none other than Michael Luttig!! Yes, that Luttig who was on the shortlist for the Supreme Court.
I don't know about you but I know about some third world countries where the Man in power can ask a judge to wash his car in the weekends and nobody dares question that arrangement. My question is that has United States of America has come to that point when the President can start giving out "directives" to the Federal Judges and nobody says anything about it?