If holding someone indefinitely as a fallback position is a bad idea, there are only a couple of alternatives. One is to try suspects in a military commission — which operates under different rules of evidence, although analysts are quick to say that the evidence that was barred from the federal trial in the Ghailani case probably wouldn't have been admissible in a military commission either.
Another option is to imprison terrorism suspects without ever going to trial — to just hold them.
And that's what lawmakers are looking at now. In August, Republican Sen. Lindsey Graham of South Carolina quietly introduced a bill that would codify indefinite detention. He wanted to answer questions such as what kind of enemy combatant could be locked up without trial? How much evidence would government need to do that?
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