“ I oppose suspending or crippling the writ of habeas corpus for alleged enemy combatants. Not a crumb of evidence has been adduced suggesting that the writ would risk freeing terrorists to return to fight against the United States. On the other hand, volumes of evidence demonstrate a non-trivial risk that suspending the writ risks illegal lifetime detentions. No civilized nation has an interest in detaining any person—citizen or alien—in violation of law. If the law is deficient, it should be changed. ”

“ Does this Congress wish to ape the French Bourbon royalty, who forgot nothing and learned nothing, by cynically suspending the Great Writ for political advantage in November? The rule of law is at its zenith when it refuses to bend even for the most reviled. ”

“ Finally, the executive may exaggerate incriminating evidence and ignore the exculpatory for political effect. The greater the number of enemy combatants detained, the greater the public appearance that the fight against international terrorism is succeeding. In politics, optics is everything. ”