When Enemies Are Not Uniform

Chait takes on one of Thiessen's talking points against the DOJ lawyers:

Maybe the U.S. government has never previously granted such due process to captured enemy combatants. This is because, as Republicans point out ad nauseam in other contexts, this war is unlike previous wars. The enemy wears no uniform, obeys no international conventions of warfare, and so on. We didn’t need to provide habeas corpus rights during World War II because, when we captured a man in a German army uniform, we could be pretty confident that he was actually a German soldier, not some hapless goatherd sold into our custody by a jealous village rival.