The War on Terrorism and the Rule of Law

This is a book on the case law that has been brought up regarding the American prosecution of suspected terrorists under the Patriot's Act and other such laws. The major chapter headings are as good an indication of the contents fo the book as any other: Must We Trade Civil Liberties for National Security May the President Override Patriot Act and Foreigh Intelligence Surveillance Ace Provisions Does the Patriot Act Infringe on Privacy Rights Does the Patriot Act Impede Freedom of Association Material Witnesses: Can the Government Hold Them in Indefinite Detention Hold and Clear: May the Government Hold Aliens in Indefinite Detention Indefinite Detention of American Citizens: Is it Constitutional? Indefinite Detention of Enemy Combatants: Is It Constitutional Interrogation: Are There Limits? Military Tribunals: Is There a Role for Judicial Oversight? All of these are very interesting and may well have an impact far beyond the current troubles. But perhaps the last chapter, on Military Tribunals is the most significant. We have rules to handle criminals. We have rules to handle wartime prisoners of war. In which category do you put the people who committed 9/11? If they were soldiers fighting in a cause, the rules of the Geneva Convention say that since they weren't in uniform they could be tried as spies and shot. We didn't capture these people, of course, but we did capture Taliban fighters in Afghanistan -- where do they fit? Do we perhaps need new laws to cover new situations, and what should these laws say?