the shoe-bomber is an interesting counter-example.

But, in the case that the packed Courts do say that detainees of the U.S. government do not "deserve" fair trials, I still think it makes a mockery to hold such kangaroo courts where the evidence is not put forward and even the names of the detainees is "secret". The real issue is that the U.S. has detained these people for three years and has shown no inclination to produce public evidence to support this detention. Hell, if the Supreme Court had not said that the detainees could challenge their status as "Enemy Combatants", even these feeble attempts at hearings would not have taken place.


Also agreed. And I think this is going to come back to haunt us.