In 1942, eight Nazi saboteurs were caught on American beaches and executed. The decision was challenged in court but eventually upheld in the Supreme Court's ruling in Ex parte Quirin--a case that has frequently been cited by the George W. Bush administration in support of its declared power to hold "enemy combatants" and try them by military commission. But O'Donnell, a former Supreme Court law clerk, argues that we should be cautious in applying it as precedence, because the process by which it was decided by the Supreme Court was illegitimate.

Unabridged. Audio file. Title from image on Web page (viewed January 16, 2007). Previously released on compact disc, 2006.

Military necessity -- A world at war -- Fear itself -- Hitler's terrorists -- "Just a scrap of paper" -- The landing -- "The Real McCoy" -- Mr. Dasch goes to Washington -- True believer -- Citizen haupt -- Double cross -- Prisoners of war -- The rule of law -- Military justice -- "Sentence first, verdict afterward" -- Kangaroo court -- An improbable life -- A lion in summer -- They don't shoot saboteurs in America -- The great writ -- May it please the court -- Total wipeout -- Old Sparky -- Fair accompli -- A cautionary tale -- "A loaded weapon" -- Winners and losers -- Clear and present dangers -- Securing the blessings of Liberty -- History lessons.

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