It now appears that our government can hold a person indefinitely, without either a trial or a chance to confront one's accusers. According to this article, the Justice Department has taken the position that only the executive branch has the power to decide whether someone is a combatant or not, and since trying Mr. Padilla will "compromise" intelligence sources, it is their position that they will not declare him to be a combatant. He will be a prisoner until the "war" on terrorism is over, which will probably be sometime after the 2004 election.