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Congress gave war time powers surrounding the incidents of Iraq and Afghanistan. And if it's Moussaoui you are talking about, he was arrested in August 2001: The FBI knew he was up to something and as such they brought him in on immigration charges, then later amended said charges to conspiracy and such once they were able to lay everything down.
As far as wartime powers concerning a non-military combatant or a spy, well there is no "non-war time" limitation in their handling, the whole "who were at wat with pre 9-11" has little standing in this argument.
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To win a war you must serve no master but your ambition.
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