The irony, as Eric Holder liked to point out, was that the Bush administration had handled almost every case involving terrorist suspects apprehended on U.S. soil (including Zacarias Moussaoui, one of the planners behind 9/11) in exactly the same way. They’d done so because the U.S. Constitution demanded it: In the two instances where the Bush administration had declared terrorist suspects arrested in the United States “enemy combatants” subject to indefinite detention, the federal courts had stepped in and forced their return to the criminal system.
