It's individualized suspension of habeas corpus. The constitution says Congress is empowered to suspend habeas corpus ...
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
And so, the constitutionality will turn on the meaning of "Rebellion or Invasion," and it may be found, by a court, that "rebellion" may be conducted by an individual.
At this point, at least Congress and the Executive are of like mind; and the case that I think is closest to showing the attitude of the federal courts is Hamdi.
I agree. And if someone is definitively working wth Al Quida and the Taliban...in my estimation, they are in a state of rebellion.
It just matters on to what degree we are willing to go to “Prove” it. If it involves any kind of WMD, or mass casualtiy situation, we will be inlined to spend less time becasue there may not be much to spend before the attack.