HABEAS CORPUS GUTTED?

The just-passed Graham Amendment may be voided in its worst manifestations by an upcoming vote on an extra amendment, offered by Senator Bingaman next week. There may be complicated parliamentary maneuvring going on. What am I saying? May be. There is. The reasons to worry about the Graham bill are ably set out by Marty Lederman here, whose expertise vastly exceeds my own. I can see why enemy combatants might be denied the usual habeas corpus protections of citizens, if not minimal protections under Geneva. But the removal of all judicial oversight of their cases – which is what the Graham amendment would mean – leaves the entire question of detainee rights in the hands of the Pentagon. Rummy is asking us to trust him. At this point, why would any sane person do so?