re-post from last year.......
NewsDay: "Citizens Have Legal Rights No Matter What Bush Says"
http://www.newsday.com/news/opinion/ny-vpjus152825017aug15.storyEDITORIAL
Citizens Have Legal Rights No Matter What Bush Says
August 15, 2002
By holding two U.S. citizens in military lock-ups without charges, lawyers or trials, and by insisting that the federal courts have no authority to intervene, President George W. Bush has put himself on a collision course with the U.S. Constitution.
The president is arguably the most powerful man in the world, but he cannot repeal the Constitution by fiat. The federal judiciary should tell him so, and in no uncertain terms.
The latest skirmish in this brewing confrontation occurred this week in a federal court in Virginia. Government lawyers argued in the case ofU.S.-born Taliban fighter Yasser Hamdi that anyone designated as an enemy combatant is stripped of the presumption of innocence and the right to counsel.
Defining the term enemy combatant and determining who fits the designation are matters strictly for the military, according to administration lawyers. That's just not good enough. The White House is handling war-related defendants in so many different ways that it appears a matter of convenience when the Constitution applies and when it doesn't.
more............