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09.28.06 -- 12:32PM
By
Josh Marshall

First class justice? Or fly coach?

I'm not sure that's the best metaphor, but it cuts to the heart of what strikes me as the most significant part of the bill that Republicans are jamming through the Senate today. As others have noted in more detail, this law allows the president to detain any US citizen in the United States and hold him or her without trial forever.

All the president needs to do is find that you are an 'enemy combatant'. And it's entirely his call.

There's so much in this legislation that I know it's hard to say what's 'most significant'. And I'm not trying to devalue the torture provision. But this point seems to cross the biggest divide. In essence, it means that the entire criminal justice system in this country becomes discretionary in the hands of the president.

You have the protection of the courts and due process. Until that gets too sticky, in which case the president can pull you out of the court system and detain you forever with no recourse to anything but the president's mercy.

Basically, getting arrested, prosecuted and thrown in the slammer the old-fashioned way becomes a privilege that can simply be revoked. Like I said, first class justice, up in the comfy seats.

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