Secret trials? Secret evidence?

Closed Circuit

Not in a federal case.

Not with this constitution.

The Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

I don't see a waiver there for national security or for anything else.

Do you?

By any means necessary?

No holds barred?

Stop at nothing?

Not under this constitution.

No excuses; no exceptions.

Remember this when those fanatics for constitutionalism at the National Review or the Weekly Standard start bellowing about secret trials, or trials with very special rules of evidence, for terrorists.

Or no trials at all!

The Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

I don't see permission there to indefinitely detain people without trial under any circumstances, whatever.

While it wasn't totally crazy to behave as though the US was at war with al-Qaeda and the Taliban and many others fighting in Iraq, back in the day, we are well past that day.

After a while, endless prolongation of a "state of war" that is nothing but an excuse to deny their rights to people playing any role, however merely supportive, in one particular class of criminal acts distinguished from other forms of criminal violence only by motive, terrorism, begins to look like what it really is, a lie made up to excuse evasion of the clear mandates of the constitution.

Take that up with John McCain, Joe Lieberman, and Lindsey Graham.