Without territory, it does not even have the resources to provide detention facilities for prisoners, even if it were interested in holding captured POWs.

This is not to condone torture, which is still prohibited by the Torture Convention and federal criminal law.

Al Qaeda operates by launching surprise attacks on civilian targets with the goal of massive casualties. Our only means for preventing future attacks, which could use WMDs, is by acquiring information that allows for pre-emptive action.

The Justices are currently considering a case, argued last month, which seeks to extend the writ of habeas corpus to al Qaeda and Taliban detainees at Guantanamo.

It is important to recognize the differences between the war in Iraq and the war on terrorism. The treatment of those detained at Abu Ghraib is governed by the Geneva Conventions, which have been signed by both the U.S. and Iraq.

If the Court were to extend its reach to the base, judges could begin managing conditions of confinement, interrogation methods, and the use of information.

Under the Geneva Convention, for example, a POW is required only to provide name, rank, and serial number and cannot receive any benefits for cooperating.

It has never demonstrated any desire to provide humane treatment to captured Americans. If anything, the murders of Nicholas Berg and Daniel Pearl declare al Qaeda's intentions to kill even innocent civilian prisoners.

In light of the Abu Ghraib prison scandal, critics are arguing that abuses of Iraqi prisoners are being produced by a climate of disregard for the laws of war.

Human-rights advocates, for example, claim that the mistreatment of Iraqi prisoners is of a piece with President Bush's 2002 decision to deny al Qaeda and Taliban fighters the legal status of prisoners of war under the Geneva Conventions.

Applying different standards to al Qaeda does not abandon Geneva, but only recognizes that the U.S. faces a stateless enemy never contemplated by the Conventions.

President Bush and his commanders announced early in the conflict that the Conventions applied.

Without territory, it does not even have the resources to provide detention facilities for prisoners, even if it were interested in holding captured POWs.

The effort to blur the lines between Guantanamo and Abu Ghraib reflects a deep misunderstanding about the different legal regimes that apply to Iraq and the war against al Qaeda.

Once the attacks occur, as we learned on Sept. 11, it is too late. It makes little sense to deprive ourselves of an important, and legal, means to detect and prevent terrorist attacks while we are still in the middle of a fight to the death with al Qaeda.

Congress's definition of torture in those laws - the infliction of severe mental or physical pain - leaves room for interrogation methods that go beyond polite conversation.

It urges policy makers and the Supreme Court to make the mistake of curing what could prove to be an isolated problem by disarming the government of its principal weapon to stop future terrorist attacks.

While Taliban fighters had an initial claim to protection under the conventions, they lost POW status by failing to obey the standards of conduct for legal combatants: wearing uniforms, a responsible command structure, and obeying the laws of war.

American soldiers had to guard prisoners on the inside while receiving mortar and weapons fire from the outside. Guantanamo is distant from any battlefield, making it far more secure.

Punishing abuse in Iraq should not return the U.S. to Sept. 10, 2001, in the way it fights al Qaeda, while Osama bin Laden and his top lieutenants remain at large and continue to plan attacks.

That is because the conflict with al Qaeda is not governed by the Geneva Conventions, which applies only to international conflicts between states that have signed them.

It is also worth asking whether the strict limitations of Geneva make sense in a war against terrorists.

A decision by the Supreme Court to subject Guantanamo to judicial review would eliminate these advantages.

We can guess that the unacceptable conduct of the soldiers at Abu Ghraib resulted in part from the dangerous state of affairs on the ground in a theater of war.

Nonetheless, Article 5 makes clear that if an Iraqi civilian who is not a member of the armed forces, has engaged in attacks on Coalition forces, the Geneva Convention permits the use of more coercive interrogation approaches to prevent future attacks.

First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.

The Tea Partiers don't want all regulations eliminated. They just want laws that can be understood and regulations that aren't going to destroy businesses, or leave deserving veterans without a source for a mortgage loan.

When the women's liberation movement began, when people began protesting against the Vietnam War, civil rights movement, at the beginning of those movements, the majority of the country was not with them, did not believe in the basic principles of any of those philosophies.

I would kill to be on 'Dexter,' and I would double kill to be on 'True Blood.' I would pay them to let me come be a vampire or a vampire victim. No joke!

I have seven apartments in the house to keep in a state fit to be inspected everyday by Gentlemen.

Have faith in your beliefs.

I happen to love the patriotic songs of America.

I love acting, especially if it's a fantasy of some kind, where it's not just realistic, it's not naturalism.

Eagles commonly fly alone. They are crows, daws, and starlings that flock together.

An agreeable companion on a journey is as good as a carriage.

We're huge fans of 'Game of Thrones' for example, 'Orphan Black.' And even though those shows don't necessarily correlate directly with 'Arrow,' I'm a very big believer that writers are the product of their inspirations.

My husband is a musician, and 'Paste' is one of his favorite places to be interviewed by.

The comforts come from my movie and television writing. It is unusual to live this well simply from books.

Startups have finite time and resources to find product/market fit before they run out of money. Therefore startups trade off certainty for speed, adopting 'good enough decision making' and iterating and pivoting as they fail, learn, and discover their business model.

My brother is really talented.

I can be completely spontaneous, which is absolutely wonderful. I don't like it at the same time; no one wants to be nervous all the time, but that nervousness mixes with the excitement I feel on the stage, and it makes for a wonderful performance.

As Apple continues to release new styles of netbooks, laptops, and even desktops with untold movie-watching and game-playing capabilities, I wouldn't be surprised to see the iPhone operating system running on them - and the Macintosh eventually becoming a thing of the past.

What is the U.S. government looking for? And the elite governing this country? They're looking for oil.

The start of a World Cross Country event is like riding a horse in the middle of a buffalo stampede. Its a thrill if you keep up but one slip and youre nothing but hoof prints.

I think diversity can also be a resource, an asset, especially in a world that is becoming globalized, to deal with difference, to deal with variety, to deal with complexity.

The role of business is to provide products and services that make people's lives better - while using fewer resources - and to act lawfully and with integrity.

Donald Trump is a friend.

The main reason why a daughter needs a dad is to show her that not all the boys are like the ones who hurt her.

The system becomes more coherent as it is further extended. The elements which we require for explaining a new class of facts are already contained in our system. In false theories, the contrary is the case.