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Deeming someone to be an illegal combatant isn't a blank check for detention. There are still provisions in place, most noteably is that people accused of being an illegal combatant can challenge the status. Treason could be applicable in the case of Padilla because he is a citizen (again I know that people have been stripped of their status as citizens in the past, don't know how due process has factored in, or what even constitutes 'due process' in such an instance), but the issue really only comes up in the case of foreign nationals.
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To win a war you must serve no master but your ambition.
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