[Paul Ross]

Why do the eventual criminal charges against Padilla undercut any claim that the executive has said power? That doesn't make sense to me.

The Administration seems to lack the courage of its supposed legal convictions.

And if they refuse to follow through in this case...effectively they are creating a defacto defeat for their advocacy of executive war powers.

[dinoparty]

I don't agree. Having the power has nothing to do with the decision to utilize it in a particular case.