Any factfinding imposition created by requiring a knowledgeable affiant to summarize these records to an independent tribunal is a minimal one. But these cases are distinguishable in important ways. The violent destruction of life and property incident to war; the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty, to resort for repose and security to institutions which have a tendency to destroy their civil and political rights. Thus, once the Government puts forth credible evidence that the habeas petitioner meets the enemy-combatant criteria, the onus could shift to the petitioner to rebut that evidence with more persuasive evidence that he falls outside the criteria. Active combat operations against Taliban fighters apparently are ongoing in Afghanistan. Except for the actual command of military forces, all authorization for their maintenance and all explicit authorization for their use is placed in the control of Congress under Article I, rather than the President under Article II. Hamdi argues that he is owed a meaningful and timely hearing and that “extra-judicial detention [that] begins and ends with the submission of an affidavit based on third-hand hearsay” does not comport with the Fifth and Fourteenth Amendments. And therefore in an Indictment on the Clause of Adhering to the King's Enemies, it is sufficient to Aver that the Prince or State Adhered to is an Enemy, without shewing any War Proclaimed... . 691. 51, p. 349 (J. Cooke ed. Since on either view judicial enquiry so limited would be virtually worthless as a way to contest detention, the Government's concession of jurisdiction to hear Hamdi's habeas claim is more theoretical than practical, leaving the assertion of Executive authority close to unconditional. It then appears to limit the President’s authority to detain by requiring that the record establis[h] that United States troops are still involved in active combat in Afghanistan because, in that case, detention would be “part of the exercise of ‘necessary and appropriate force.’ ” Ante, at 14. Evidently, neither do the parties, who do not cite Mathews even once. Justice O’Connor, writing for a plurality of this Court, asserts that captured enemy combatants (other than those suspected of war crimes) have traditionally been detained until the cessation of hostilities and then released. Equally obvious is the Government’s interest in not fighting the war in its own courts, see, e.g., Johnson v. Eisentrager, 339 U. S., at 779, and protecting classified information, see, e.g., Department of Navy v. Egan, 484 U. S. 518, 527 (1988) (President’s “authority to classify and control access to information bearing on national security and to determine” who gets access “flows primarily from [the Commander-in-Chief Clause] and exists quite apart from any explicit congressional grant”); Agee, 453 U. S., at 307 (upholding revocation of former CIA employee’s passport in large part by reference to the Government’s need “to protect the secrecy of [its] foreign intelligence operations”). See Priest, CIA Killed U. S. Citizen In Yemen Missile Strike, Washington Post, Nov. 8, 2002, p. A1. But it is unclear why, in the paradigm outlined by Justice Scalia, such a concession should have any relevance. The Government's first response to Hamdi's claim that holding him violates §4001(a), prohibiting detention of citizens "except pursuant to an Act of Congress," is that the statute does not even apply to military wartime detentions, being beyond the sphere of domestic criminal law. Written and curated by real attorneys at Quimbee. But martial law has not been imposed here, and in any case is limited to “the theatre of active military operations, where war really prevails,” and where therefore the courts are closed. It directed the District Court to consider "the most cautious procedures first," id., at 284, and to conduct a deferential inquiry into Hamdi's status, id., at 283.


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