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Folsom Prison Blues

Nat Hentoff in the Washington Times today:

Earlier this month, after Attorney General John Ashcroft testified before the House Judiciary Committee that he needs more power to wage war on terrorism, Judge [Andrew Napolitano, FOX News's judicial analyst] commented that, "essentially, what [Ashcroft] asked for yesterday was legislation which would allow the attorney general, on the basis of suspicion — not evidence — to incarcerate people, Americans or non-Americans, for an indefinite period of time if they support terrorism."

Then, presenting a hypothetical situation, Judge Napolitano said that if Massachusetts Sen. Ted Kennedy supported the IRA, "a terrorist organization, under this new legislation if enacted, John Ashcroft could incarcerate Ted Kennedy without a trial, without a lawyer, for as long as he wanted to."

Egad! But what's the downside?

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