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Due Process History


It might upset Andrew Sullivan and others to learn that at one point during WWII, there were 11 million German POWs, and not one of them had access to a federal court. Today, even unlawful enemy combatants, aka terrorists, have access to federal courts and a laundry list of due process claims. Who would have ever imagined that the war on terrorism would be an occasion to expand rights and protections for would-be mass murderers?


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