Padilla - Possible Supreme Court Review Mooted

"WASHINGTON (Nov. 22) - Jose Padilla, a U.S. citizen held without charges for more than three years on suspicion of plotting a "dirty bomb" attack in this country, has been indicted on three counts alleging he conspired to "murder, maim and kidnap" people overseas. (see link for more)"

Clever - Essentially, by making Padilla's challenge to his interment moot, future Executives will not have a clear decision on point, and can detain others in "good faith", until the Supreme Court would rule otherwise. Protection of the President's prerogative in future matters is preserved, and a prosecution moves forward at the same time.

Of course, perhaps Padilla could argue that mootness is not applicable, in that this case involves actions capable of repetition yet evading review. See Weinstein v. Bradford , 423 U.S. 147, 148-49 (1975).