2002 - Jose Padilla picked up and accused of planning a "dirty bomb" plot, stuffed in a Navy brig not to be seen for 3.5 years.
2007 - Fast forward 5 years, he's in civilian court being accused of supporting/organizing a cell in Florida assisting resistance/jihad in BCA (Bosnia, Chechnya, Afghanistan), along with Adham Amin Hassoun and Kifah Wael Jayyousi, "providing material support to extremist groups."
Never one to be accused of repeating the obvious, I'll say it looks as if the legal system is being consistent, going for whatever they can make most easily stick, ie the low-hanging fruit.  One could also state this in a way that faults the government - they're CYA'ing themselves by not revealing "national secrets" regarding the dirty bomb.

Another way to interpret this is that the lowering of the bar, ie going from terrorism to being a cheerleader as well as punting it to civilian court, is further widening the net to include anyone who's ever given money to support anyone in BCA.  Yes, that's broad, but if that's the "scare" that then narrows to "evidence," (again, not to state the obvious) check your charitable records from pre-9/11 because if terrorism or the hint of terrorism is prosecutable in civilian instead of military court, I can't wait to watch the torts.

Btw, the government's evidence is a "job application."
ref: A first look at US case against Padilla, Christian Science Monitor