[Sandy]

On the 30th day they CHARGED his as an unlawful combatant and transferred his custody and control from the DOJ to the DOD. There only remains the question as to the trial venue.

Where did you get this information from? As far as I know, Padilla has not been charged with a crime. Last I heard was this:

(Ari Fleischer): he was transferred to DOD in connection with a habeas corpus hearing...

(Question): ...Does the President believe and his advisors believe that the Constitution allows for an American citizen to be declared an enemy combatant and then held indefinitely without charge and without any access to --

(Fleischer): According to the lawyers, under the statute, this can last for the duration of the war. That's correct, Terry. That's the word from the attorneys. Correct.

Also, do you have any idea which statute Ari is referring to?

[Texasforever]

Yes. Look at both the sedition laws and citizenship revocation statutes. He is charged as an unlawful combatant just as those held at GITMO. His trial will establish his guilt or innocence of those charges.