This news on the case of Pentagon detainee Jose Padilla — in a strong rebuke to the Bush administration, a federal appeals court has refused to approve Padilla’s transfer to a civilian court — and suggested the Bush administration only made the request to thwart his Supreme Court appeal. Padilla was charged only last month after being held for three years by the Pentagon. His indictment did not mention the two most serious charges cited at the time of his 2002 arrest — that he planned to detonate a “dirty bomb” and launch on attack on the US.

On Wednesday, the U.S. Court of Appeals for the 4th Circuit said prosecutors could not transfer Padilla to Miami, where he faces the new charges. In its ruling, the court suggested the Justice Department’s effort to transfer Padilla gave: “an appearance that the government may be attempting to avoid consideration of our decision by the Supreme Court.” The administration charged Padilla just days before it was expected to file papers in his Supreme Court appeal. The administration then argued the Supreme Court review was no longer necessary, as his case would be moved to a civilian court.

The judges warned the government’s actions have left “the impression that Padilla may have been held for these years, even if justifiably, by mistake.” As a result, the court said the government’s action may hurt its “credibility before the courts.”

Legal experts called the decision significant in that the Four Circuit is perceived as one of the nation’s most conservative courts, a reputation that has made it a favorite for White House terrorism cases. In September, the same court granted the Bush administration sweeping authority to detain Padilla indefinitely without trial.