Padilla is actually the case that best shows the limitations and inadequacies of the civilian justice system as applied to enemy combatants. This fact is obscured because, as the Left keeps repeating, he was eventually transferred from military custody to the civilian justice system, where he was convicted.
Here's what they never tell you: He was not convicted of the most important plot we had against him — the conspiracy with KSM, Binyam Mohammed, and others to carry out a second wave of post-9/11 attacks inside the United States. He was never indicted on that plot because he could not be convicted applying civilian due process standards.
Padilla refused to give information to the FBI, using its regular protocols. It was only when he was designated as an enemy combatant and transferred to military custody (no lawyer involved in interrogations, no Miranda, no case to plea bargain) that he began to give up valuable information. None of those confessions could be admitted under the standards applicable in civilian courts.
Friday, February 12, 2010
McCarthy: Padilla Proves the WEAKNESSES of the Civilian Justice System
Read the whole thing. McCarthy provides additional useful links.