As Bro pointed out today….the point that’s being missed is that congress is going to suspend habeas corpus.

Mon Sep 18, 2006 at 12:46:34 PM PDT
Something very momentous is about to happen. It looks like the McCain Graham Warner version of the military commissions bill is going to pass. While much attention has been paid to the difference between the Bush and these “rebel” Republicans versions, very little notice has been taken of the fact that the McCain version too takes the draconian step of suspending habeas corpus, the linchpin of a free society.

Read more at DailyKos

Thom Hartman wrote a great article about this. You can read it here

habeas corpus (hay-bee-us core-puss) n. Latin for “you have the body,” it is a writ (court order) which directs the law enforcement officials (prison administrators, police, or sheriff) who have custody of a prisoner to appear in court to help the judge determine whether the prisoner is unlawfully in prison or jail. The writ is obtained by petition to a judge in the county or district where the prisoner is incarcerated, and the judge sets a hearing on whether there is a legal basis for holding the prisoner. Habeas corpus is a protection against illegal confinement, such as holding a person without charges, when due process obviously has been denied, bail is excessive, parole has been granted, an accused has been improperly surrendered by the bail bondsman, or probation has been summarily terminated without cause. Historically called “the great writ,” the renowned scholar of the Common Law, William Blackstone called it the “most celebrated writ in English law.” It may also be used as a means to contest child custody and deportation proceedings in court. The writ of habeas corpus can be employed procedurally in federal district courts to challenge the constitutionality of a state court conviction.