4th Circuit in Padilla case complains about Bush admin. media manipulation

[bigtree]

from the opinion:

JOSE PADILLA,
Petitioner - Appellee,
versus
C. T. Naval Brig.,
Respondent - Appellant.

{snip}

In one instance, immediately after we had
initially declined to act on the government’s transfer motion,
these concerns were detailed in the press and attributed to
former and current Administration officials speaking on the
condition of anonymity. It was even reported that the government
had considered transfer and criminal prosecution of Padilla
before its argument in this court that military detention of
Padilla was necessary in the interest of national security. No
such explanations have been provided to the court, however.

It should go without saying that we cannot rest our
decisions on media reports of statements from anonymous
government sources regarding facts relevant to matters pending
before the court, nor should we be required to do so or to
speculate as to facts based upon such reports. The information
that the government would provide to the media with respect to
facts relevant to a pending litigation, it should be prepared to
provide to the court.

http://www.washingtonpost.com/wp-srv/nation/documents/padilla_v_hanft_122105.pdf