In the end this concept—of thought crime as a major tool for the enforcement of national security concerns—is the gravest issue to arise from the Padilla case. It needs to be monitored and offset through legislation that will resurrect the legal values and principles that existed before Bush’s wholesale onslaught against the Constitution began.
All of these things lead me to view the jury’s verdict in the Padilla case as an important development, but hardly the end of the case. Much remains to be done. Justice may, fairly meted out, involve punishment for Jose Padilla. But the time must come when his tormentors face justice as well.