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.
When the prosecutor ultimately filed minimal charges involving a minor case of prescription drug possession, Rush had every reason to be p!ssed off to no end about the prosecutor's conduct -- and any judge with an ounce of credibility would toss the prosecutor out of his courtroom.