Government says 'combatant' complaint is moot
(CNN) -- The Justice Department told a federal appeals court Friday that
Jose Padilla's complaints about being held indefinitely as a "enemy
combatant" are moot now that criminal charges have been levied against him
in Florida.
In a brief filed with the 4th U.S. Circuit Court of Appeals, based in
Richmond, prosecutors asked the court to approve Padilla's transfer to
Florida, where he was indicted in a terrorism conspiracy case three weeks
ago.
The appeals court had asked the government to explain why the indictment
made no mention of the radioactive "dirty bomb" plot and other allegations
cited by the Bush administration to detain Padilla militarily for the past
three and a half years.
In September, a three-judge panel of the appeals court ruled that the
detention was lawful, given the president's constitutional powers as
commander-in-chief and the congressional resolution authorizing the
president to use military force against the perpetrators of the Sept. 11,
2001, terrorist attacks. --From CNN Senior Producer Phil Hirschkorn (Posted
5:44 p.m.)
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Rep.Murtha:
Our military has done everything that has been asked of them.
It is time to bring them home