Plead the Fifth

Punk-rock journalist Spencer Ackerman had a post yesterday that linked to the text of bill McCain and Lieberman introduced regarding the closure of Guantanamo Bay, specifically regarding detention. Here’s a chunk (emphasis mine):

An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 15 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.

Um, don’t we have a Bill of Rights that includes, oh, I don’t know, the polar opposite of this? Something about not being deprived of life, liberty, or property, without due process of law?