Irrelevant? Hardly. Members of Al Qaeda are enemy combatants pursuant to the Joint Resolution. Being an American citizen does not chnage that one whit. The Congress authorized the executive to prosecute war against Al Qaeda and their supporters. The executive is doing just that and it is the executive that makes decisions on what to bomb and who is an enemy combatant, not the courts. Padilla was arrested in America, the site of the opening battle in the current war.
If he is a traitor. He should be tried for treason, and if found guilty, hopefully shot.
Oh certainly but not until he is squeezed for intel, however long that takes.
If he committed other crimes, he should be prosecuted for those and receive the proper punishment.
Well now thats the point isn't it. Should American citizens who are members of Al Qaeda be treated as criminals or enemy combatants. If you treat them as criminals then you forfeit any chance at gathering intel on his fellow travelers in or about the US. From my vantage point whoever said the Constitution is not a suicide pact had it exactly right.
That is incorrect. Not to mention, no one has proved that he is a member of Al Qaeda. If otherwise, you or I can be called that also and denied our rights without due process. It would be a call for the government with no recourse. No trial, no attorney, no charges. Just, "I say he's the enemy so he is".
Oh certainly but not until he is squeezed for intel, however long that takes.
You can't have it both ways. But you can sure try. If he has no rights, then there need be no trial. If he gets a trial on treason, he is entitled to his rights as a citizen.