It's isn't that they can't prove the charges, it's that they don't want to give up classified information, informants, methods or channels of intelligence in order to convict the sorry POS.
All that stuff goes public in a trial and then it's intelligence value is wasted or perhaps even putting informants lives at risk.
The courts should have MYODB in this case to begin with instead of their stupid meddling in military matters. I hope when push comes to shove, he tells the courts to enforce their own decisions.
Agreed - Bush should order the transfer of Padilla immediately, and obviously Luttig should never get on the SCOTUS.