Moussaoui could have been tried by military commission under the president's executive order. That executive order, however, reserved the decision to the president. My recollection is that the president decided not to try Moussaoui by military commission.
Apparently the decision has been to handle this guy Padilla through military commission. It was my understanding from the press conference this morning that that decision too was made at the presidential level.
The reason for the difference may be the possible harm that revealing evidence in each of the two cases might do. Alternatively, the administration may have learned something from how Moussaoui's and Walker's lawyers have behaved.
I'm leaning towards the latter, personally. We're not about to lose intelligence sources, or risk our people. Hopefully, the judges won't mess around too much. Do you know anything about the judges who are handling these two cases?