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I find the notion we can't use our legal system to deal with suspected terrorists completely absurd. It is an example of abject cowardice. If you don't like what the Constitution says, then work to change it. Trying to circumvent it because we're too frightened to live by our principles is just pathetic.

I'm not entirely sure it's an option, at this point. The practice of detention and interrogation without access to legal counsel (to say nothing of other practices) is fundamentally inconsistent with minimal due process in our judicial system. Ordinary application of the exclusionary rule might preclude successful prosecution of many, if not most, Gitmo prisoners.

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