Legal Adviser Harold Koh's question is particularly relevant today, considering President Obama's disdain for civil liberty guaranteed by the writ of habeas corpus Â
"With the announcement of indefinite detention as a policy, rather than a possibility, the United States will cross a threshold that, as torture did, takes us back to the past, a past before the introduction of trials, when guilt and innocence were decided by signs from the heavens and an appeal to God, rather than to legal processes conducted by men. - Karen Greenberg
White House drafts executive order for indefinite detention
Center for Constitutional Rights statement here