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Subject:  At the Bar: NDAA Date:  12/30/2011  12:40 PM
Author:  WuLong Number:  53717 of 53868

I wrote a lengthy (for a posting board) essay in PA about the detention bill that Congress has passed. For those that are interested in the discussion in that venue:

With the holiday weekend and all, it might just scoll past and not get traction. But since I actually have thought about this a lot, and since it took a while to detail out, I've decided to repost it here. With luck, there will be some reasoned discussion.

The ability to arbitrarily suspend an individual's freedom and rights for an indefinite period is the antithesis of why this country was founded.
The ability to detain individuals without due process is the antithesis of this country's founding. The question becomes what defines "due process" in our current situation. I will attempt to define this a bit below. Note that I may fail - it happens.

Let's start with an assumption: We are engaged in a struggle against an organization which seeks to disrupt or overthrow our country thru the use of physical attack.

I'm using several word here very purposefully and it is worth hi-liting them.

First, engaged. Is this true? Are we still engaged in a struggle? It's been 10 years since the Towers fell, bin Laden is dead.
I think we are. Defeat is an event that occurs in the mind of