1. Richard Schmitt, “Patriot Act Author Has Concerns,” L.A. Times, November 3, 2003, http://www.informationclearinghouse.info/article5325.htm (accessed June 20, 2008). At the time of this comment, Mr. Chertoff was a judge on the U.S. Court of Appeals for the Third Circuit. He became the Secretary of Homeland Security in February 2005.

2. Benjamin Wittes, Law and the Long War: The Future of Justice in the Age of Terror (New York: Penguin Press, 2008), 151.

3. While there are a handful of U.S. citizens being detained in Iraq and Afghanistan, they are not addressed in this book because they are being detained by multinational forces or have been convicted in foreign criminal proceedings, hence raising a host of other issues not directly pertinent to preventive detention of U.S. persons in the United States. In June 2008, the Supreme Court held unanimously in Munaf v. Secretary of the Army (06-1666) and Secretary of the Army v. Omar (07–394) that, while U.S. citizens detained overseas by American forces have the right to habeas corpus, the U.S. government nonetheless has the authority to transfer them to foreign custody.

4. Paul Rosenzweig and Jay Carafano, “Preventive Detention and Actionable Intelligence,” Legal Memorandum 13 (September 2004), 5, www.heritage.org/Research/HomelandSecurity/upload/68849_1.pdf (accessed September 7, 2007).

5. Release or Detention of a Material Witness, U.S. Code 18 (1986), § 3144.

6. Serrin Turner and Stephen Schulhofer, The Secrecy Problems in Terrorism Trials, Liberty and National Security Project (New York: Brennan Center for Justice at NYU School of Law, 2005), 38, https://www. policyarchive.org/bitstream/handle/10207/8770/30The%20Secrecy%20Problem%20in%20Terrorism%20Trials.pdf ?sequence=1 (accessed September 7, 2007).

7. U.S. Code 18 (1986), § 3144.

8. Turner and Schulhofer, The Secrecy Problems in Terrorism Trials, 38.

9. Rosenzweig and Carafano, “Preventive Detention and Actionable Intelligence,” 5.

10. Authorization to Use Military Force (AUMF), Public Law 107–40, U.S. Statutes at Large 115 (2001): 224.

11. The full text of the executive order can be seen at http://lawofwar.org/Bush_torture_memo.htm (accessed July 8, 2008).

12. Geneva Convention, Part III.A.17.