The court doesn't know how to read the law. They'll be corrected: Padilla is being held, under the law, as an ENEMY COMBATANT...not unlike those jokesters in Guantanamo. He's got the unique designation of being a citizen who trained and planned with Al Qaeda. Of course the courts want to protect such a man...fortunately, the administration wants to protect the citizenry.
The Department of Defense holds Padilla: NOT the Justice Department!