[Grut]

The thing is, Padilla can be guilty of terrorism and the government can still be guilty of having violated his rights. Holding a US civilian in a military brig for more than three years, and not bringing him to trial in a timely manner, is just inexcusable. Now that it's happened to him, it can happen to any of us.

[B Knotts]

Very true. And, if I’m remembering correctly, he was arrested on U.S. soil. It would be different, in my opinion, if he had been captured in the “war zone,” which is difficult to define in this case. But, at the very least, if he was captured abroad, it would be not quite as clear-cut.

[USNBandit]

I agree. Even if they had caught him in Afghanistan, I think I would prefer to have him tried in federal court, and in a timely manner. Three years in the Charleston Brig was a big mistake.