Legal Combat: Are enemies waging war in our courts?

By Phillip Carter, SLATE:

Since the attacks of Sept. 11, a common refrain has punctuated the legal arguments offered by the Bush administration in support of its terrorism policies: America is fighting a new kind of war, against a new kind of enemy, who will use unconventional methods to attack our nation and way of life. Extending constitutional protections to these foes might give aid and comfort to the enemy or give them some strategic or tactical advantage. This is the theory of "lawfare..."