I want Frist to put this on the Senate floor...
An important incident to the conduct of war is the adoption of measures by the military commander, not only to repel and defeat the enemy, but to seize and subject to disciplinary measures those enemies who, in their attempt to thwart or impede our military effort, have violated the law of war. Ex parte Quirin, supra, 317 U.S. 28, 63 S.Ct. 11.
That sanction is without qualification as to the exercise of this authority so long as a state of war exists-from its declaration until peace is proclaimed. See United States v. Anderson, 9 Wall. 56, 70; The Protector, 12 Wall. 700, 702; McElrath v. United States, 102 U.S. 426, 438; Kahn v. Anderson, 255 U.S. 1, 9, 10 S., 41 S. Ct. 224, 226.