This template gives the administration some interesting tools to keep suspected terrorists off the streets. Start with military trial, delay as long as possible, switch to criminal charges, delay as long as possible. Repeat as necessary.
I don't think the administration will do that at all. the lesson learned from this Padilla case is:
- capture people overseas and hold them in foreign prisons so the federal courts can't get to them
- follow the model of the US citizen taken out in Yemen by the CIA with a drone missile. there isn't anything left of him for an appeal or a trial