Note that the press release specifically pointed out that a review had occurred because of a review of “the evidence”. Judges simply don’t “miss” evidence…something had to be tainted or illegally held back in order for this action to be taken.

It was a complicated mess, but that’s not quite the ruling/approach that griped Luttig.

The sequence was something like (and this is from memory so I may screw up parts of it or get some wrong, but this will give you the gist)

Padilla gets held forever long as a material witness, Comey/Ashcroft try to prevent him from having a lawyer, Mukasey rules that he does have to have a lawyer. Then I THINK Mukasey or other dist ct judge there moved that they could continue to hold after the material witness warrant expired (or they could have ruled the other way – I don’t remember the lower court action very well) and it went up on appeal to 2nd Cir

Meanwhile, Ashcroft/Comey had disappeared their US citizen material witness to Rumsfeld (and Mukasey granting him a right to a lawyer is probably why we know the little we do know) who got him out of NY/2nd Cir and spirited off to be blackholed at the So Car brig.

The case hits the 2nd Cir, where, among other things, DOJ argues that the 2nd Cir has no right to continue to hear the case bc the complaint should have named the head of the brig (as the physical custodian), not Rumsfeld (head of DOD and guy in charge), and should now be pursued in the 4th Circuit.

2nd Cir says a pox on your house DOJ, charge or release.

Charge or release ruling goes to Sup Ct. and Ct buys into the “this should be in the 4th Cir” argument. So the 2nd Cir decision is voided

In the 4th Cir, case goes to Luttig, who gets all kinds of briefings on the bucketswinger, and continuously agrees to allow Padilla to be used for human experimentation and abusive interrogation/pre-trial punishment.

Meanwhile, Hamdi comes out. Scalia shocks the snot out of many by saying even in the war on terror, ubetcha a US citizen on US soil should have habeas protections and if Ex Parte Quillen says anything to the contrary, it should be overruled. Eyes pop.

Luttig’s rulings in Padilla on detention are now wending their way to the Sup Ct so Padilla is once again on target to go to the court, now with the news of torture at Abu Ghraib out as well. Bush picks Alito over Luttig for the open Sup Ct slot, bc Luttig would not be able to rule on the case since it was his from the lower court and with Scalia questionable, Bush needs every vote he can get.

Clement goes and argues to the Sup Ct, (with the Arar civil suit pending and the waterboarding discussions in DOJ and by numerous Admin lawyers rife) that the US doesn’t do torture or things like torture. In other news, apparently the Federal healthcare program for the Solicitor General’s office does include cosmetic surgery for work related disfigurements of face (aka – nose that just keeps growing)

Things aren’t looking good for Luttig’s opinion to be upheld. Comey does his best for the team by trying to hold a smiley face, we’re the good guys, never mind the disappeared children and torture of the mentally incompetent, Padilla Press Conf.

Luttig is mad that DOJ thinks his opinion won’t be upheld. He’s likely madder that he’s lost his shot at the Sup Ct bc he DID kiss Bush’s feet. Then DOJ pulls a fast one on him and tells him all about the horrible reasons they have to keep holding Padilla – then, right b4 the Sup Ct was about to rule on Luttig’s Padilla opinion and the detentions, DOJ transfers Padilla to Fla for trial on things unrelated to the dirty bomb allegations and moves to dismiss the Sup Ct appeal as moot, bc the relief requested (Padilla’s transfer to criminal justice system) has been effectuae.

Luttig is now very pissed – that they have no confidence his erudition will carry the day on appeal, that he’s not in Alito’s shoes, that they just finished telling him one thing and doing another, etc. so he rules that Gov isn’t allowed to dismiss the case in front of him without his ok, even though Padilla is now in Fla.

Meanwhile, Roberts wipes his sweaty brown and immediately denies the Padilla appeal as moot.

Something like, if not exactly this.

This makes my day!

I’m so proud of the justices for standing up
and so proud of Maher Arar for being so patient.

With gratitude,
Heather

The Sup Ct nixed the very good 2nd Cir decision that Padilla had to be charged or released went up to the Sup Ct on the technical grounds that since Padilla was now in the 4th Cir, the 2nd had no jurisdiction (I guess if they had taken him to a blacksite in Poland the ruling would have been the same – pretty bad ruling IMO that jurisdiction could de-attach by involuntary transfer)

Waiting for that Sup Ct ruling is when Comey & Ashcroft put together their Padilla press conf/sideshow on how Padilla was a terrorist mastermind, capable of separating nuclear materials by swinging a bucket. Or maybe he forgot to add that last part.

(Fuzzy memory) Isn’t that what Luttig (Yea, him. Shocking!) had a fit when they pulled this stunt?

After all, Galadriel took the ring, Obama will be President, the National Anthem will be changed to “Don’t Worry, Be Happy” and . . .

Good luck at the Convention and I’ll keep hoping for the best, but the Obama/Cass Susstein duo singing “Let It Be” doesn’t begin to end up on my Ipod.