[Griff]

They probably could show intent, unfortunately, they have not had the opportunity to prove their case.

This is important beyond Hamdi's particular case. If, as Hentoff believes, Ashcroft would define American soil as a war zone anybody labeled as an enemy combatant could be held indefinitely with no legal recourse.

We've faced down graver threats than these and yes we have suspended habeas corpus before, however, the suspension was found unconstitutional after the war. The War on Terror can be continued forever. There is no enemy capital to overrun. Our very act of fighting it will create new pockets of terrorists so the war continues as long as we care to fight it and the illegitamit power seized by the Bush administration stays in place.