Mr Padilla, arrested as he stepped off a flight from Pakistan, was initially held on suspicion of planning a so-called "dirty bomb" attack inside the US.
However the November 2005 indictment makes no mention of that allegation.
Instead Mr Padilla, 35, is charged with aiding terrorists and conspiracy to murder US nationals overseas.
He is still in custody, and has not been allowed to consult with any legal counsel.
What do you think? Did the US government do the right thing?
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