Jose Padilla received a 17-year prison sentence today. Padilla’s criminal trial and sentence were fairly straightforward. It was Padilla’s imprisonment in a military brig between 2002 and 2005 that raised profoundly important questions concerning the power of the presidency. Can the president lock up any person in the world and then deny that person access to family, defense counsel, and civilian court review? And what about the use of “harsh conditions” and “environmental stresses”? Can such techniques be employed against anyone once the president gives an order? Those legal questions remain unsettled even today. By abruptly moving Padilla from the military brig and into the ordinary criminal justice system, the Bush administration was able to forestall Supreme Court review of the president’s military powers.

For additional background, go here, here, and here.