[ndt]

"The constitution has not been suspended by declaring Padilla an enemy combatant and placing him in military custody. His rights were not violated because he dispensed of them himself waging war on the U.S."

The whole point of the trial is to determine whether he was waging war on the U.S.

Until that is proved the rest of your argument is moot, and until that is proved as a U.S. citizen, he has inviolable rights.

There is no such thing a "just a little" martial law.

[Valpal1]

The whole point of the trial is to determine whether he was waging war on the U.S. That should be determined by a military tribunal, not a civil trial, and not by a judge meddling in military matters. The courts are for criminals. I do not believe the criminal model is correct for waging war on terrorism. I voted for GWB's military model for war on islamofascist terror and I stand behind it. I'd like the unelected courts to butt the hell out.