It turns out those concerns were well-founded, as was most recently demonstrated in a case before the U.S. Military Court of Appeals.

CENTERFORSECURITYPOLICY: 'Fundamentally Transforming' the Military

The 4th Circuit Court of Appeals blocked his transfer from military to Justice Department custody last week, noting differences between the criminal charges brought against him in November and the accusations made against him as an enemy combatant.

CNN: Feds to high court: Allow Padilla move

The 4th U.S. Circuit Court of Appeals has held up Padilla's transfer from a military brig in South Carolina.

CNN: Specter launches probe of handling of case