Jose Padilla has been federally charged and now his lawyers say that the government must put him in federal custody rather than in a military brig. The federal government had been holding him in military confinement until the court threatened to action against the government. The Justice Department has formally charged Padilla with providing assistance to a terrorist organiztion. Padilla's lawyers have argued that since he is an American citizen that he should be accorded constitutional rights. The government contends that he conspired with a terrorist organiztion and that this went beyond a criminal act but possibly an act against the United States.
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