Kevin Drum makes the incredible point that Congress is kicking HABEUS CORPUS to the curb:
The plan is to redefine "unlawful enemy combatant" from someone who is
engaged in hostilities against the United States
to someone who is
engaged in hostilities or who has purposefully and materially supported hostilities against the United States
"Supported" is a pretty far-reaching term that doesn't necessarily have anything to do with actual combat. And while this vagueness would be disturbing enough by itself, it's even worse than it seems because other provisions of the legislation prohibit someone accused of "supporting" hostilities from challenging their detention in U.S. courts Â even if the detainee is a U.S. citizen.
Keep in mind that under this system, once you are declared an "enemy combatant" you lose every single right that the US Constitution grants you. No fair trial, no right to face your accusers or even to know what crimes you are being charged with. You can be tortured into a confession and then have that confession used against you.
This is not the United States.