Professor Hamburger drily notices that the unjust wartime internment of the Nisei is often used to argue for the extension of rights to noncitizens when it should demonstrate the opposite. The internment of the Nisei was reprehensible precisely because they were citizens. As Americans, the Nisei had rights. Captured members of the Imperial Japanese Army did not have the same protection, at least not then. He takes pains to explain that tiered rights do not necessarily mean an open season even on terrorists. They still have some rights, just not all the rights of citizens. “It does not relieve the government of other, more restraining mechanisms … it does not excuse the government from its obligation to act in accord with the law.”
It’s interesting to consider whether the necessity of convicting Khalid Sheik Mohammed will lead to developments which may have unfortunate consequences for the rights of citizens or fortunate consequences for the rights of terrorists.
It tolls for thee.