Activist Judiciary

The state of exception continues to exist.

The U.S. military said on Friday it has held since last year an American citizen without charges in Iraq as a suspected top aide to militant Abu Musab al-Zarqawi.

The man was not born in the United States, but became a naturalized U.S. citizen and lived in "a couple of different cities" during about 20 years in America, one official said.

As Juan Cole notes,

If true, this imprisonment without legal counsel directly contravenes a US Supreme Court ruling that the Bush administration cannot hold some US citizens outside the law and the judiciary.

That darn activist judiciary, always meddling and nitpicking.