] Using extra-Constitutional tools in the Padilla case has
] not necessarily accomplished anything more than seasoned
] FBI agents and Assistant U.S. Attorneys could have done.
] But what it has done is create a losing dilemma for the
] Justice Department. In a case like this, where all of the
] evidence has been either tainted by torture or tainted by
] poor process, the only options are to detain Mr. Padilla
] indefinitely as an enemy combatant or release him onto
] the street.

This is a jumping point to some interesting discussions of the Padillia case. There are links and links and links to follow. Read the Slate article quoted here at the least. (It links back to another article by this author.)

Basically, the evidence that we have against Padilla was obtained illegally, so its not admissible. Which means they can't make a case about him in open court. Assuming they will loose the Supreme Court case they are probably going to have to ask for special Congressional authority to continue to hold him.