http://www.csmonitor.com/2004/0419/p08s02-comv.html<snip>
Of all the sacrifices faced by Americans during the US campaign against terrorism - casualties in two wars, tougher airport checks, higher federal spending - the most difficult may be in giving up a few basic liberties and rights.
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The high court's decisions, expected by June 30, may not only shift the balance of power between the judicial and executive branches but define whether rights like habeas corpus can be denied during this unprecedented war against stateless terrorists - and perhaps even more so than in the past during traditional wars between nations, as in World War II.
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The court could just decide that all such detainees be given a hearing before a military review tribunal under the military's legal system, rather than in a civilian court. The Bush administration has started the process for that, which would allow protection of vital secrets. That would retain the exclusive constitutional prerogative of the commander in chief but also provide some legal check on executive power.
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I don't know about anyone else, but the crap that's come out of military mouths like Kimmet and Franks does not exactly reassure me that anyone's rights would be protected.