Court Refuses U.S. Bid to Shift Terror Suspect - New York Times

Court Refuses U.S. Bid to Shift Terror Suspect - New York Times: "Mr. Padilla, a former Chicago gang member who converted to Islam and who, officials say, traveled to the Middle East and offered his services to terrorist organizations, was arrested at O'Hare International Airport on May 8, 2002. Government officials initially portrayed him as someone who was considering a plot to explode a radioactive 'dirty bomb' in some American city and then to destroy gas lines to destroy public buildings.

In the criminal indictment issued by a grand jury in Florida, the government no longer asserted either of those charges and instead charged him with fighting against American forces alongside Al Qaeda soldiers in Afghanistan.

Although Judge Luttig was careful in his opinion to avoid flatly asserting that the government had misbehaved, his skepticism about its behavior was unmistakable. He used the word 'appearance' several times in explaining why he believed the government's approach in the Padilla case raised suspicions.

Judge Luttig said the government might not have fully considered the consequences of its approach, 'not only for the public perception of the war on terror but also for the government's credibility before the courts in litigation.'

He said the government 'must surely understand' that it has left the impression that Mr. Padilla may have been held for more than three yea"