I'll be on AC360 tonight, discussing the torture and detention-without-charge bill.

Talking and thinking this over, I'm trying to look on the bright side. The bill allows this president to continue torturing detainees (and possibly innocent ones). But it doesn't actually authorize the torture methods. And it doesn't formally breach Geneva. So "the program" continues in the shadows of Bush's shadow government. The truly disturbing part is that the only criterion for detaining anyone without charges - citizen or non-citizen, at home or anywhere in the world - is the president's discretion. If Rumsfeld decides you're an enemy combatant, you can be whisked away into a black hole, tortured, or have to prove your innocence in a military commission while he insists on your guilt. The "battlefield" is everywhere; and the war is endless.  This is not, to put it mildly, what the founding fathers had in mind. It is one of the darkest hours for Western liberty in a very long time. And most conservatives are cheering. Watching habeas corpus go down the plughole is not something I ever thought I would have to contemplate. Well done, Osama. You won this one big time.

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