Jerrold Nadler actually said...

I was simply suggesting that none of this makes any sense until you have determined that someone is an enemy combatant.

However narrow or broad the basket, you have to answer that question first--Are you an enemy combatant?--and have the procedural due process...

Isn't it the case that if Russia or China or someone were doing what Mr. Cole posits, that we would condemn that out of hand?

We need due process, but not judicial process.