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13. Howard Ball, Bush, the Detainees and the Constitution (Kansas: University Press of Kansas, 2007), 47.

14. Ibid., 54.

15. Benjamin Wittes and Mark Gitenstein, “A Legal Framework for Detaining Terrorists: Enact a Law to End the Clash over Rights,” Brookings: Opportunity 08 (2008), http://www.brookings.edu/books/2007/1115_terrorism_wittes_opp08.aspx (accessed June 26, 2008).

16. Jesselyn Radack, “The Government’s Opportunistic Use of the ‘Enemy Combatant’ Label: How This Category Is Being Used as a Prosecution Tactic,” Findlaw, October 11, 2004, http://writ.news.findlaw.com/commentary/20041011_radack.html (accessed June 24, 2008).

17. Hamdi v. Rumsfeld, 542 U.S. 507 (2004) (plurality). All subsequent cites to Hamdi will be to the plurality opinion unless otherwise noted.

18. Associated Press, “Court Overrules Bush’s ‘Enemy Combatant’ Policy,” MSNBC, June 11, 2007, http://www.msnbc.msn.com/id/19172214/ (accessed September 28, 2007).

19. Al-Marri v. Pucciarelli, 534 F.3d 213, 268 (4th Cir. 2008) (en banc).

20. Bruce Ackerman, Before the Next Attack: Preserving Civil Liberties in an Age of Terrorism (New Haven and London: Yale University Press, 2006), 35.

21.Non-Detention Act of 1971, U.S. Code 18, § 4001(a).

22. John Yoo, War by Other Means: An Insider’s Account of the War on Terror (New York: Atlantic Monthly Press, 2006), 45. Mr. Yoo is currently a law professor at University of California at Berkeley’s Boalt Hall School of Law.

23. Ibid., 167.

24. Deputy Attorney General James Comey, “Remarks Concerning Jose Padilla,” June 1, 2004, http://www.usdoj.gov/archive/dag/speeches/2004/dag6104.htm (accessed November 10, 2007).

25. Ron Suskind, The One Percent Doctrine (New York: Simon and Schuster, 2006), 95–100.

26. The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States (New York: W.W. Norton and Co, n.d.), 146.

27. The Intelligence Science Board was chartered in August 2002 and advises the Office of the Director of National Intelligence and senior intelligence community leaders on emerging scientific and technical issues of special importance to the intelligence community. This study was sponsored by the Defense Intelligence Agency, the Intelligence Technology Innovation Center, and the Defense Department’s Counterintelligence Field Activity.