07/06/05

Under the Constitution, a jury makes the determination, both for foreigners and for Americans accused of terrorism. But under the 'wartime' powers assumed by the President and the Pentagon, they make the determination. Under their theory, their decision is final and conclusive. No trial, or at best some kangaroo military tribunal. No Constitution. No Bill of Rights (whose protections expressly extend to all persons -- that is, both Americans and foreigners accused of crimes by the federal government). No habeas corpus. No federal-court interference. No judicial review. If the Supreme Court ultimately rules in favor of the president's and Pentagon's 'GWOT unlawful-combatant' theory, any American -- I repeat: any American (including dissidents and critics) -- who is labeled a 'terrorist' will be subject to be whisked away to Gitmo to receive 'unlawful-combatant' treatment. And there will be nothing -- I repeat: nothing -- that he or his family or his friends could do about it...

http://www.fff.org/comment/com0507b.asp

from Future of Freedom Foundation, by Jacob G. Hornberger


Informant: Thomas L. Knapp