Let's just call it the Bush junta. Arguing before an appeals court that the government should be able to hold José Padilla indefinitely in a military brig without acccess to a lawyer, Bush's lawyers said that the entire United States is a battlefield and thus operates under "military justice."

On Sept. 11, 2001, "al-Qaida made the battlefield the United States and the evidence indicates that they're trying to make it the battlefield again," said Deputy Solicitor General Paul Clement. And if it's a "battlefield" arrest, Bush can detain anyone alleged to be in league with terrorists, including citizens, for as long as it takes to gather intelligence and deter future attacks. "This is the way it's been done for 200 years in military justice," Clement said.