Quote from piezoe:
I think I can say that I am in total, or at least near total, disagreement with what you describe in the second paragraph. Let me make it clear that my position is in regards to habeas corpus protection for U.S. citizens, not for enemy combatants who are citizens of other countries. Though I think it would be a good idea to extend habeas corpus rights, where practical, to anyone detained in U.S. custody, for whatever reason, regardless of citizenship.
This statement from the first line of your second paragraph is where the problem lies: "An individual may be reasonably apprehended for being suspected of terroristic[sic] threats against the state."
The Act allows anyone, including U.S. citizens, suspected of being a terrorist threat to be arrested and detained indefinitely. A person, regardless of whether they are alleged to have committed a terrorist act, or merely suspected of being a threat, must not be denied their right to a writ of habeas corpus. The invention of terrorist acts as "acts of war" by the Bush Justice Department is at the heart of the problem. And now, merely raising a suspicion is to be treated as such! This, however well intentioned, is bound to lead to further human rights abuses and criminal political activities.
Though I realize that opinions differ on this point, in my personal opinion isolated terrorist attacks are NOT acts of war and should not be treated by the same rules as bona fide acts of war. Defining terrorist activities as acts of war was done during the Bush administration to circumvent habeus corpus and other indelicacies. Thus detainees were defined as enemy combatants and denied writs. Now, of course, those responsible would like to have their tracks covered for them by an Obama administration too eager to codify the detention without writs of not only actual terrorists, but also mere suspects; thus justifying, after the fact, what would otherwise have been the illegal denying of writs, had such not been summarily defined away be the former Attorney General.
What is doubly egregious here is the potential denying of writs to U.S. citizens. It's a horrible precedent and a sad chapter in what is a long history of Bill of Rights abuses by various administrations. We ought not to stand for it, and the House is the proper body to put their foot down, but of course they are too dysfunctional to pull anything like this off. Were they to manage it, I'm confident they'd see no White House opposition. As a constitutional law scholar, President Obama understands full well that habeus is the bedrock upon which our protection from false imprisonment is built.