The New York Times today justly takes the Administration to task for its failure to respectThe Right to Counsel in the case of Jose Padilla:

The administration is treating the right to counsel in these cases as an inconvenience and possible impediment to investigators. But under our system of law, all defendants, even alleged terrorists, are innocent until proven guilty. Without access to a lawyer, people thrown in prison on terrorism charges cannot protest their innocence, assert their constitutional right to a speedy trial or otherwise challenge their confinement.

It is always easier for law enforcement if defendants do not know their rights. But the Sixth Amendment provides that "in all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his defense." As the Supreme Court explained in the landmark case of Gideon v. Wainwright in 1963, the "noble ideal" of a fair trial cannot be achieved if a defendant has to face his accusers without access to a lawyer.

The Bush administration should let Mr. Padilla meet with his lawyer, and it should start respecting the right to counsel guaranteed by the Constitution.