JOSE PADILLA: Charge him or release him?

[mburbank]

Jose Padilla has been held 2 1/2 years without charges. He's an American citizen, taken on American soil in a non combat situation. A federal judge says that's unconstitutional and they must charge him or release him. The Justice department is appealling, saying he's an 'enemey combatant' and a grave danger to the US which means they can keep him locked up without presenting evidence or charging him for the rest of his life if they want.

Here's what I see this case as being about. Does the executive branch have the right to make an American Citizen disapear on their say so alone without oversight from any other branch of government?

For all I know, Jose Padillia is a very, very dangerous man. I think, though, that he cannot be more scary than setting legal precident for the chief executive to make people vanish forever.