[oceanview]

from the article I read about Scalia on this subject - that's exactly what he wants to do.

[jwalsh07]

I agree with thomas here not Scalia. Scalia argues that there are two alternatives. Suspend habeas or treat enemy combatants who happen to be citizens as criminals. It's a hobsons choice. Suspend habeas for everybody or treat the enemy as criminals because they were born here? I like the third way, Thomas way. In time of war, the CIC is the fact finder and when the enemy crosses the border America is a battlefield and the enemy can not be treated as a criminal. We kill them or we remove them from the battlefield for the duration, no matter if the battlefield is Kabul or Kentucky.

[Dead Dog]

I'm not sure if I don't agree with him. On the other hand, I like the idea of habeas corpus. ie, if you wage war on the US, you do not have constitutional rights, you have rights under UCMJ like all of our service men and military enemies....until the civil courts find otherwise.

This gives the the executive the power to interrogate without disclosing intel, but the ability to pull the innocent out of harms way.

screw Padilla.