[antiRepublicrat]

...what happens when he calls Zubayda and KSM as witnesses, should the government be required to produce them?

6th Amendment: "In all criminal prosecutions, the accused shall enjoy the right to ... have compulsory process for obtaining witnesses in his favor..."

I'd say yes. It would take some seriously activist judges to get around the clearly stated right.

[oceanview]

well, we agree on that at least. you are making the point as to why its impossible to provide Padilla a trial, we all know these witnesses cannot appear or even be deposed by the shrill brooklyn lawyer that Padilla has. so what is the government supposed to do with Padilla? those arguing in favor of this decision, are essentially saying he should be released, which is likely also the real motive of the 5th column judges who made this ruling.