CNN.com: 'Dirty bomb' suspect appeals detention

"Padilla has never been charged with a crime, and the government has blocked his lawyers from having access to him.

'He's hasn't been allowed to defend himself. That's what we do in America. We give people -- no matter what they're accused of -- we give them their day in court,' said Andrew Patel, one of Padilla's attorneys.

'Never before in our history has an American president claimed the power to be able to detain without charge and indefinitely an American citizen in a civilian setting,' Patel said. "

That's how a Bubba president upholds the US Constitution -- by ignoring it!