The Constitution is not a suicide pact no matter what Boortz and his flock think.
For all the Boortz followers I ask this question:
If Padilla is treated as a common criminal with all the rights you think he deserves what is to stop him from whispering in one of his pals ears the location of a dirty bomb? Should he do that and the bomb explodes killing and contaminating untold LOYAL Americans will you guys be knocking on the door of the relatives explaining why Padilla was entitled to his unalienable right to kill their kin?
It's called "solitary confinement." It's called "SuperMax." There are plenty of ways to isolate him from the general population. You don't get a Constitutional right to that. You do, however, get a Constitutionally guaranteed right to an attorney, and to appear before a judge. Even Charles Manson, Timothy McVeigh and Jeffrey Dahmer got that.
Even if we charge Padilla with treason, he will have the right to those things. Just because the charges are related to terrorist activities, doesn't exempt him from the rights or responsibilities affored and incumbent upon all citizens.
This is not Nazi Germany. This is not Communist Russia. There is no "test" that we as citizens have to perform. We cannot take the easy route out of this mess. It's harder to have to grant Jose Padilla his rights, but that is the road we have chosen as Americans. That is the road chosen by the founding fathers when they constructed the Constitution.