If they try him ..they open up the methods used to gather the info against him. For all we know the US could have a mole inside AQ right now....and that can not be revealed to AQ by a Mark Geragos type.
absolutely right. we can't even reveal the location of the prison where the top AQ people are being held - much less have Padilla's ACLU lawyers depose him.
I still say - if the SCOTUS rules for Padilla, Bush should fly him to Afghanistan, and then tell the SCOTUS to figure out how to enforce their order.