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Seems you are missing the point completely. The 4th Circuit agreed completely with the Administration on its need to fight a war on terror, and allowed them to do whatever they pleased with Padilla as an 'enemy combatant.' It was only after the Administration backtracked and said "wait, we want to charge in civilian court with lesser crimes that have nothing to do with the terrible secret evidence we presented before" that the 4th balked and questioned what they were doing. Because the Administration did not want the 4th's decision tested on appeal. Because they apparently thought they would lose.

The Constitution has served us well in every prior war. No need to throw it overboard in this one.

Seems you are missing the point completely...

I'm sure that it does seem so to those who would not wish to support a strong President in a time of national danger unprecedented in our history. I too am concerned for the protection of our civil liberties; but what good are civil liberties in the midst of the death and destruction brought about by the detonation of a suitcase nuke in a major city.

It was only after the Administration backtracked and said "wait, we want to charge in civilian court with lesser crimes that have nothing to do with the terrible secret evidence we presented before" that the 4th balked...

Could there be reasons having to do with protecting our intelligence gathering capabilities etc. that have convinced the Administration to proceed with other charges? Either a majority of Americans are more concerned with national security or with civil liberties in a period of grave danger. Time will tell. Temporary measures taken to prevent terrorist attacks can be dispensed with at later, safer times. How do we dispense with a nuclear explosion in our midst?

The Constitution has served us well in every prior war.

So, Lincoln and FDR never swayed from the task of protecting civil liberties during time of war? Seems that I may not be the only one missing the point completely.

they only "backtracked" because they know they will lose the case in the SCOTUS. if they thought they would win it, they would be preparing Padilla for his military tribunal right now, rather then assembing this civilian case in Florida on lesser charges - to try and get him on something at least.