In their ruling, the Court also extended Constitutional protections to captured terrorists, including the rights to counsel and to confront their accuser, and the presumption of innocence. These are rights that have always been reserved for those who live under our Constitution, not foreign enemies whose aim is to destroy it. It's hard to imagine General Patton sending soldiers away from the battlefield, to sit in court waiting to testify against captured Nazis. Patton would have simply ordered that no prisoners would henceforth be taken alive. Then again, half the Federal government wasn't trying to lose that war with the enthusiastic cooperation of the media.