Here’s a good op-ed piece by Laurence Tribe on why detention of “enemy combatants” is okay — with proper oversight.
For our government to retain its legitimacy, its conduct must always be subject to challenge in a court of law. Nor can this judicial review be an empty gesture; lawyers must be allowed ample access to those the government would detain. It is the threat — and the promise — of judicial intervention that keeps executive power from veering into tyranny.
(Via InstaPundit)