Let's assume even in the most weasel lawyer wording, that somehow Gonzales makes sense about right not being enumerated in original Constitution...

Clearly, the are spelled out in 6th Amendment and why isn't this guy being tried for treason, or at least not upholding his oath of office? I guess the Justice Dept would have to pursue those charges.. *sigh*

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed … and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; [and] to have compulsory process for obtaining witnesses."

The oath of office I took when I was sworn in as a 2nd Lt in the Marines said I would support and defend the constitution against all enemies, foreign and domestic. I went into the Marines with the idea that I was defending American ideals. One of those ideals was that we would treat enemy combatants with respect-- not because doing so would keep them from torturing our troops, but rather simply because it was the right thing to do.

Asking our troops to fight and die to defend American ideals is difficult but understandable. Asking them to fight and die for any other reason is treason.