Hamdi v. Rumsfeld

Defense Department General Counsel Jeh Johnson moved the Obama administration into new territory from a civil liberties perspective. Asked by Sen. Mel Martinez (R-Fla.) the politically difficult but entirely fair question about whether terrorism detainees acquitted in courts could be released in the United States, Johnson said that “as a matter of legal authority,” the [...]

Following up on Spencer’s post, The Los Angeles Times today makes much of the fact that Solicitor General nominee Elena Kagan Tuesday told senators that she believes that “enemy combatants” can be detained without criminal charge or trial.
Well, as much as civil liberties advocates might prefer that the new administration choose not to do that, [...]