thought experiment

So, let's see...



The Democrats win big in a few weeks and take back the House, or even the House and the Senate. With their new-found subpoena power, they begin aggressive investigations into the seeming malfeasance of this administration regarding the invasion of Iraq, the purported rigging of elections, a secretly conceived energy policy, the siphoning off of government funds by companies like Halliburton and Exxon, rampant Republican corruption, and all of the other myriad concerns of the rational thinkers in the country.

The president, with his own new-found power to unilaterally proclaim individuals to be "unlawful enemy combatants" decides that the opposing party is "aiding and abetting" terrorists with their investigations into "classified matters" and promptly throws the opposition's investigators in jail.

With their right to Habeas Corpus excised by the new Military Commisions Act of 2006, the prisoners are held in "black prisons" around the world and kept away from family, friends, legal counsel, and the press, with no recourse whatsoever other than the kangaroo court to which they may or may not be sent, providing their heart doesn't fail during their presidentially-approved (non-torture) waterboarding sessions of persuasion. Nobody has the legal standing to file suits on their behalf, so the judiciary review system is circumvented.



What's the next move?