Americans have been losing the protection of law for years. In the 21st century the loss of legal protections accelerated with the Bush administration's "war on terror," which continues under the Obama administration and is essentially a war on the Constitution and U.S. civil liberties.
The Bush regime was determined to vitiate habeas corpus in order to hold people indefinitely without bringing charges. The regime had acquired hundreds of prisoners by paying a bounty for "terrorists." Afghan warlords and thugs responded to the financial incentive by grabbing unprotected people and selling them to the Americans.
The Bush regime needed to hold the prisoners without charges because it had no evidence against the people and did not want to admit that the U.S. government had stupidly paid warlords and thugs to kidnap innocent people.
As there was no evidence against the "detainees" (most have been released without charges after years of detention and abuse), the U.S. government needed a way around U.S. and international laws against torture in order that the government could produce evidence via self-incrimination.
The Bush regime found inhumane and totalitarian-minded lawyers and put them to work at the U.S. Department of Justice (sic) to invent arguments that the Bush regime did not need to obey the law.
The Bush regime created a new classification for its detainees that it used to justify denying legal protection and due process to the detainees. As the detainees were not U.S. citizens and were demonized by the regime as "the 760 most dangerous men on earth," there was little public outcry over the regime's unconstitutional and inhumane actions.
As our Founding Fathers and a long list of scholars warned, once civil liberties are breached, they are breached for all. Soon U.S. citizens were being held indefinitely in violation of their habeas corpus rights.
Dr. Aafia Siddiqui an American citizen of Pakistani origin might have been the first. Dr. Siddiqui, a scientist educated at MIT and Brandeis University, was seized in Pakistan for no known reason, sent to Afghanistan, and was held secretly for five years in the U.S. military's notorious Bagram prison in Afghanistan.
Her three young children were with her at the time she was abducted, one an eight-month old baby. She has no idea what has become of her two youngest children. Her oldest child, 7 years old, was also incarcerated in Bagram and subjected to similar abuse and horrors.
Siddiqui has never been charged with any terrorism-related offense. A British journalist, hearing her piercing screams as she was being tortured, disclosed her presence. An embarrassed U.S. government responded to the disclosure by sending Siddiqui to the U.S. for trial on the trumped-up charge that while a captive, she grabbed a U.S. soldier's rifle and fired two shots attempting to shoot him.
The charge apparently originated as a U.S. soldier's excuse for shooting Dr. Siddiqui twice in the stomach resulting in her near death.
On February 4, Dr. Siddiqui was convicted by a New York jury for attempted murder. The only evidence presented against her was the charge itself and an unsubstantiated claim that she had once taken a pistol-firing course at an American firing range.
No evidence was presented of her fingerprints on the rifle that this frail and broken 100-pound woman had allegedly seized from an American soldier. No evidence was presented that a weapon was fired, no bullets, no shell casings, no bullet holes. Just an accusation.
Wikipedia has this to say about the trial: "The trial took an unusual turn when an FBI official asserted that the fingerprints taken from the rifle, which was purportedly used by Aafia to shoot at the U.S. interrogators, did not match hers."