it's not dead yet
If you haven't yet had a chance to listen to today's Supreme Court hearings on habeas corpus and Guantanomo Bay, I strongly recommend listening to NPR's coverage here. The justices took the unusual step of allowing recording devices in the Court, so instead of listening to Nina Totenberg reenact the arguments, you actually get to listen to them.
My feelings on this situation are well known to readers of this blog, and one of my closest friends is involved in the defense of the detainees. I think these arguments - particularly the ones about the problem that detainees have no chance to claim or prove their innocence - speak for themselves.