Isn't Democracy Worth It?
"He's been tried and convicted by the executive branch," said Ms. Newman. Her voice conveyed the frustration she feels at being assigned to represent Mr. Padilla but not being permitted to do so in any way that might be effective.

In the United States, as opposed to the many tyrannical societies we've known and are coming to know, the government is not permitted to hustle its citizens into prison without offering a legally sound reason for their incarceration, and without giving the accused an opportunity to challenge their loss of liberty.

Today it may be Padilla. Tomorrow it might be you.

I believe the government has the goods on Mr. Padilla, but for whatever reasons finds the due process route to be inconvenient. That kind of arrogance of power has no place in the U.S., where the rule of law is supposed to be something very special.

Freedom comes with a heavy price tag. Ben Franklin said in 1755, "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety."

You don't abandon the rule of law and due process simply because the populace is angry and frightened. The United States is strong enough to handle the likes of Jose Padilla within the precious boundaries of the law and the Constitution.

If new rules are needed for the processing and detention of terror suspects, then by all means establish new rules. But you don't abandon all rules while waiting for new ones to be promulgated.
http://www.nytimes.com/2002/06/17/opinion/17HERB.html