That's what they are asking for in the Ali Saleh Kahlah al-Marri, a legal resident of the United States who was arrested on US soil.
They are claiming that the President can wave a wand, and call anyone an enemy combatant, and detain them without trial or access to counsel forever.
If the president has this right, than we have no rights.
They claim that he's a major terrorist, but they are unwilling to try him.
It's clear that the political fallout of a successful prosecution would be positive Bush and the Republicans, which implies very strongly that they have no case whatsoever.
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