what doom and gloom? I have consistently posted I do not like the way this case is going, but you could see this coming. what can we do, the administration has been "boxed in" by the federal courts - and this is where we are now. we've got to convict Padilla on these civilian charges, or he walks. its not going to be a slam dunk, it makes no sense to have false optimism here.
Doom and gloom = Padilla isn't kept according to terms unilaterally set by the administration.
I am coming around to a broader view where I'll trade Padiallia being dealt with in Article III courts (instead of in indefinite military detention), in exchange for Congress getting off the stump and craftng a war resolution (against terror) with some teeth. Congress crafted a suspension of habeas as to Gitmo prisoners, but it took an act of SCOTUS to get them to use the power the Constitution gives them. This is a three part government, and Congress isn't pulling its weight.