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Holding Abdulmutallab (the underwear bomber) for a time in military custody, regardless of where he is ultimately to be charged, would have been entirely lawful—even in the view of the current administration, which has taken the position that it needs no further legislative authority to hold dangerous detainees even for a lengthy period in the United States. Then we could decide at relative leisure where to charge him—whether before a military commission or before a civilian court. In Abdulmutallab’s case, it would hardly make a difference, given the nature of most of the evidence against him.

-Michael B. Mukasey