Until a case reaches the Supreme Court, the president or the Secretary of Defense can determine what constitutes an enemy combatant and throw away the key. You've heard the expression where the sun don't shine in a different context, but this one is really frightening. No longer is there a guarantee that you can know the charges against you, have the right to a speedy trial, or a trial at all for that matter, face your accuser, see the evidence against you, or the many rights we as Americans have enjoyed and, indeed, taken for granted. Our hopes are in the hands of one Supreme Court Associate Justice, Justice Kennedy. Four of the black robed deciders are in the president's camp. Four are usually on the side of liberty. One is a swing vote and can't be counted on, particularly in this case. He's already said it's up to the legislature and, unfortunately, that rubber stamp group has acted. October 17, 2006. Patrick Henry, where were you when we needed you?