Padilla: I'm of mixed emotions on this latest decision to prosecute Jose Padilla as a citizen. Not mixed, mind you, on the validity of prosecuting a citizen as a citizen - it's his right to face trial - but mixed on what this means for the Administration's policy on detaining 'enemy combatants,'
This post at Balkinization hits the nail on the head, The only reason Padilla has been indicted in criminal court is to thwart any attempt of the Supreme Court to rule against the policy of indefinite detainment. The Padilla case is mooted with his criminal prosecution, therefore the merits of detainment cannot be weighed before the Supremes.
Is this what we must expect now? Think of the way Padilla's case was handled during his detention: when he was moved from New York to South Carolina, the 4th Circuit Court of Appeals took jurisdiction. The 4th ruled that his detention was quite legal. Is, as Balkin suggest, the 4th now a 'Constitution-free zone'? Perhaps other prisoners be transfered to these zones for the express purpose of evading criminal proceedings, at least until the Supreme Court raises an eyebrow, then they will be charged with something. 'Speedy trial,' you say?