Original Article U.S. bid to shift terror suspect Padilla's detention status fails Neil A. Lewis New York Times Dec. 22, 2005 12:00 AM WASHINGTON - A federal appeals court delivered a sharp rebuke to the Bush administration Wednesday, refusing to allow the transfer of Jose Padilla from military custody to civilian law enforcement authorities to face terrorism charges. In denying the administration's request, the three-judge panel issued a strongly worded opinion that said the Justice Department's attempt to transfer Padilla gave the appearance that the government was trying to manipulate the court system to prevent the Supreme Court from reviewing the case. The judges warned that the administration's behavior in the Padilla case could jeopardize its credibility before the courts in other terrorism cases. What made Wednesday's action by the 4th U.S. Circuit Court of Appeals in Richmond so startling, lawyers and others said, was that it came from a panel of judges who had in September provided the administration with a sweeping court victory, saying that President Bush had the authority to detain Padilla, a U.S. citizen, indefinitely without trial as an enemy combatant. Judges angered But the judges were clearly angered when the administration suddenly shifted course on Nov. 22, saying it no longer needed that authority because it now wanted to try Padilla in a civilian court. The government said that as a result of the shift, the Supreme Court should no longer consider reviewing the issue of whether Bush could detain a U.S. citizen indefinitely as an enemy combatant. Many legal analysts speculated at the time that the administration's sudden change in approach was an effort to avoid Supreme Court review of the 4th Circuit ruling. In the Wednesday opinion, written by Judge J. Michael Luttig, the court said that the panel was denying permission to transfer Padilla as well as the government's suggestion that it vacate the September decision upholding the detention of Padilla for more than three years in a military brig as an enemy combatant. Luttig is a strong conservative judicial voice who has been considered by Bush for the Supreme Court. He said the panel would not agree to the government's requests because that would compound what is "at least an appearance that the government may be attempting to avoid consideration of our decision by the Supreme Court, and also because we believe that this case presents an issue of such especial national importance as to warrant final consideration by that court."