That is not an excuse. If you read all my posts you will see where I pointed out that Bush and Rumsfeld were wrong in the way they handled him and that the courts told them so..... Doesn't mean he isn't guilty as hell....
Well said, I agree.
I disagree.
The Bush Administration was handed a shit sandwich. It was a new, unexplored area of law. Previously wars were conducted by national entitites with clear borders, etc. This was a new kind of war, waged by a trans-national group. It isn't a crime syndicate, which we have experience with. And it isn't a traditional war. ANd it isn't a guerrilla war. So how to deal with it.
So they made their best call on protecting people from terrorism. And sometimes they will make mistakes on it.
Personally I dont think it was a mistake and they were absolutely right. The Constitution is not a roving shield to protect people wherever and under whatever circumstances they might be. It is clearly for civilians. And Padilla is not quite in that category.