Remember the dirty bomber, Jose Padilla (I discuss this case with Glenn Greenwald of Salon.com)? He was one of the first persons that the US picked up in the War on Terror. He was labeled an Enemy Combatant. He was held with out charges or trial for more than 3 years. Now, it looks like the government is finally going to put him on trial.
Mr. Padilla is the best example of our government losing the constitution. This is is different than John Walker Lindh (an American catch in Afghanistan) or 9/11 master mind Khalid Sheikh Mohammed (who recently confessed). Padilla was/is an American. He was picked up in the US. He was tortured. He was kept without any legal representation. He was not even charged with a crime for years. It is not a stretch to say that almost any American could be treated like this.