Supreme Court to Review Bush Administration Power With 'Enemy Combatant' Rules
At issue is President Bush's claim of authority to protect the nation and pursue terrorists unfettered by many traditional legal obligations and outside previous precedents for government conduct in wartime.

"Because the president said `I think you're a bad man,' he's been in jail for two years," said Andrew Patel, one of Padilla's attorneys. "He hasn't had a chance to defend himself. That's not the way we do things in this country, when we're at war or when we're at peace."

The thing is..you can't steal something and then say "I'm not a thief."
It is the way we do things in this country. It's the way we've
done them since we allowed the theft of the presidency.