Off-topic but not
YOU ARE VISITING THE OLD MALKIN(S)WATCH. THAT'S FANTASTIC. PLEASE VISIT THE NEW MALKIN(S)WATCH WHEN YOU GET A CHANCE. This isn't absolutely Malkin-related but it should be required reading for every American.
I wonder when those in this country whose children were killed by a child molester like John Wayne Gacy or who were the victims of a brutal home invasion robbery or even a drunk driver might begin to wonder why the criminals who committed those crimes should should be allowed this "luxury" of due process when we can simply pluck terrorists off the street, inflict torture upon them and throw them in prison forever. That awful day on 9/11 was shocking, to be sure. But is it more shocking than Tim McVeigh or that woman who killed the pregnant woman and carved her baby out of her womb? An average person can be forgiven for wondering just why we must deal with warrants and grand juries and trials with our homegrown vicious killers when we don't have to deal with such niceties with terrorists. Just what is the principle that guides this decision?(Hat tip: The Poorman, and as he said, read the whole thing)
I'm truly wondering when someone will ask that question. Because when someone finally does we will begin to answer Professor Yoo's startling question about whether there aren't some things that fall outside the legal system.
The answer is, of course there aren't. The reason, professor, is that the rules of due process were designed to ensure that the government cannot arbitrarily imprison innocent people. That principle is so basic and so clear cut that you wouldn't think that a law professor would have to even think about it.