Unless there's a significant challenge from the courts to the Military Commissions Act (the legislative branch has shown its colors already), anyone--citizen or not--can be swept up and shut away without charge--forever--and nobody can do anything about it.
Says Greenwald:
The case of Jose Padilla is one of the most despicable and outright un-American travesties the U.S. Government has perpetrated for a long time. It is impossible to defend that behavior, let alone engage in it, and claim with any legitimacy that one believes in the principles that have defined and guided this country since its founding. But there has been no retreat from this behavior. Quite the contrary. The atrocity known as the Military Commissions Act of 2006 is a huge leap forward to elevating the Padilla treatment from the lawless shadows into full-fledged, officially sanctioned and legally authorized policy of the U.S. Government. The case of Jose Padilla is no longer a sick aberration, but is instead a symbol of the kind of Government we have chosen to have.
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