And? This is my problem more than the fate of Jose Padilla - that the adminstration is trying to do an end run around the legal process which is not something people committed to the rule of law do.
its not an "end run around the legal process" - its simply an acknowldgement that the SCOTUS as currently composed, will rule against them. if we had a couple more Clarence Thomas's, the case would go the other way.