I wish it were. but it was not. In November that scenario was confirmed by our Department of Justice in a legal brief submitted in a Federal court in Virginia. They asserted that the Military Commissions Act allows the Government to detain any noncitizen designated an enemy combatant without giving that person any ability to challenge his detention in court. This is true. the Justice Department said. even for someone arrested and imprisoned in the United States. In other words. we could do what we always condemned other countries for doing. countries behind the thenIron Curtain. where they would pick up somebody. hold them indefinitely. and that person had no recourse in court.
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