U.S. Faces Major Hurdles in Prosecuting Padilla. Because we drove him into catatonia, basically. That's not cruel and unusual punishment, violating the Eighth Amendment? Yeah, it is. And then there's the 14th Amendment, that whole "due process of law" business.
The government adamantly denies mistreating Padilla, though it does not dispute the particulars cited in Padilla's legal papers. Rather, the government says its treatment of Padilla was humane and notes that it provided medical treatment when necessary. The government agreed to the additional psychiatric evaluation that has now been ordered by the judge.
Indeed, there are even some within the government who think it might be best if Padilla were declared incompetent and sent to a psychiatric prison facility. As one high-ranking official put it, "the objective of the government always has been to incapacitate this person."
Well, we incapacitated him. All he did, it appears, is convert to Islam about 10 years ago. So, dandy.
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