Fordham law professor Thane Rosenbaum has just proven, in his own words, that “it’s possible to be liberal, progressive, and still not stupid.”

Writing in the Wall Street Journal, he acknowledges the “special circumstance” of “phantom-like” terrorism” and that

a special set of laws dealing specifically with the phenomenon of world terrorism is necessary and inevitable. How else can a democracy defend itself against those who seek to destroy democratic values and institutions, whose entire enterprise is dedicated to annihilating fundamental freedom?

Rosenbaum says it’s nuts to believe that the Constitution, without some “supplemental statutory assistance, will enable the government to protect our democracy.”

Then he gets down to brass tacks:

To investigate [terrorists] with the usual procedural safeguards in place and prosecute them without relaxing the standards of proof would be pointless. Moreover, not detaining them for a reasonable period of time is equally absurd

Finally, in a powerful line referring to the need both to protect our freedoms and to survive, he concludes: “Those who accept both realities understand that this is a war waged in anguish: not just because we must kill, but because our enemy is too lethal for our laws.”