"The court has not reached this conclusion lightly," Judge Kaplan said as he read his
order from the bench. "It is acutely aware of the perilous nature of the world in which we live. But the Constitution is the rock upon which our nation rests. We must
follow it not only when it is convenient, but when fear and danger beckon in a
different direction. To do less would diminish us and undermine the foundation upon which we stand."
[The Judge] added that Mr. Ghailani's status as an "'enemy combatant' probably would permit his detention as something akin to a prisoner of war until the hostilities between the United States and Al Qaeda and the Taliban end, even if he were found not guilty."