A Miami jury has convicted Jose Padilla of charges unrelated to those that were alleged when he was first incarcerated more than five years ago. Some will argue that the guilty verdict justifies Padilla’s characterization as an enemy combatant and his extended detention, incommunicado, without charges filed. Nothing could be further from the truth. Jose Padilla is a U.S. citizen, protected by the U.S. Constitution against unreasonable seizure and deprivation of liberty without due process. He was denied his rights.


In the case of suspected terrorists, the stakes are immense. So a powerful argument can be made for changing the rules to provide for preventive detention in narrowly defined circumstances. But if we do change the rules, the process cannot be unilateral − implemented by executive edict without either congressional or judicial input. And it cannot be law on‐​the‐​fly, with no knowledge of the rules by anyone other than the executive officials who are responsible for their enforcement. In the end, Padilla may have deserved the treatment he received, perhaps worse; but for those of us concerned about the rule of law, the Padilla episode is not the way America is supposed to work.