Michelle Malkin's posted an image of Padilla's application to enlist in Al Qaeda captured among the Talaban archives in Afganistan.
I'm no lawyer, but my opinion is once you've joined an Army at War with the United States, you've renounced your citzenship.
Padilla's not a criminal, he's a POW and had he been fighting in uniform according to Geneva Convention, he should be treated as a POW. He wasn't fighing by the rules, so he should be treated the way we've agreed to treat enemy combatants.
In otherwords he sits in the cage for the duration of the war; and he should be thankful he wasn't shot.
Just have a Military Tribunal to make sure this is the right guy.
But he's no criminal, and it's wrong to treat him as one.