To: Neocon who wrote (8065 ) 12/1/2001 9:45:13 AM From: jttmab Read Replies (2) | Respond to I believe the idea underlying Tribes comment is that formal freedom means little if we are too afraid to use it, and that it would be idiotic to let fear of oppression by the government push us into a different sort of oppression. I do not believe that the United States has commented on tribunals under exigent circumstances and military jurisdiction. Posner's comments have to do with the difference between bringing criminals to justice and waging war. It has nothing to do with the treatment of citizens, although it is true that resident aliens might be detained. However, even then it is not an arbitrary detention, as in the case of Japanese- Americans, but investigatory and, if warranted, to be followed a trial.
