That Padilla’s claims raise fundamental issues respecting the separation of powers, including consideration of the role and function of the courts, also counsels against addressing those claims when the course of legal proceedings has made them, at least for now, hypothetical...
In the course of its supervision over Padilla’s custody and trial the District Court will be obliged to afford him the protection, including the right to a speedy trial, guaranteed to all federal criminal defendants. See, e.g., U. S. Const., Amdt. 6; 18 U. S. C. §3161. Were the Government to seek to change the status or conditions of Padilla’s custody, that court would be in a position to rule quickly on any responsive filings submitted by Padilla.
!?#@$ Are these people fucking high? It wasn't hypothetical when they tossed it back the first time and they sure as hell didn't act quickly then. Apparently the government CAN hold YOU without charges for several YEARS as long as they can convince these guys to drag their feet on it! Thats an incorrect result, and this decision is a cop-out. This incident will come back to haunt us.
