A judge has ordered that Jose Padilla either be charged with a crime by the U.S. government or he will be released in 45 days.
Padilla was arrested in 2002 after an FBI investigation revealed that Padilla had contacted Al Qada operatives & offered to attack the USA with a nuclear weapon that he had read how to build on the web. The operatives, instead, suggested Padilla work on a "dirty bomb". It was a feeble plan, but nevertheless he was arrested & designated as an enemy combatant.
We have to agree with the judge's decision in this case. Regardless of what Padilla may or may not have attempted, he is a U.S. citizen & he should be accorded full rights as a citizen. If Padilla is left in limbo with no charges being filed for a year, 5 years, 10 years, what does that say about the federal government's ability to choose at their discretion or justification which other citizens can be held without charge.
As reprehensible as his crimes may have been, the civil & legal rights of all American citizens are of greater concern. While protecting the rights of the likes of small time gangster Padilla, we are protecting the rights of all.
Charge Padilla & let him get his day in court. Save the "enemy combatant" title for enemy combatants.