Different Justice for Different People

As a child I remember reading the story of the Prophet Muhammad (Peace and Blessings God be upon Him) declaring that the concept of having different levels of justice for different people destroys nations (This was in response to Usama bin Zayd asking for a pardon for a Meccan Noble who had committed a serious crime).
So I weep for my country when I read such posts by Glenn Greenwald.
I also feel strongly that this is what led to the decline of Muslims the world over. We stopped caring about justice.
As shown Greenwald, we in effect already have a dual justice system (and have had one for some time). Unfortunately President Obama has stated his intent to pass a "preventative detention" law:

"Once you open the door to that idea of holding people because of presumed dangers, or saying we have reason to believe but no evidence to convict someone of a terrorism crime, then you start to cut away at the very foundation of what our system of justice is based on," says Human Rights First CEO Elisa Massimino.
Despite those concerns, the Obama administration seems to be moving closer to a plan like Wittes'. Administration officials have met with many different people, including Wittes, about preventive detention. But this is the first actual draft legislation. According to several sources outside of government who are familiar with the administration's thinking, this proposal is getting a lot of attention.

This goes against the most basic concepts of any justice system. You could be a convicted child rapist in America, and you will get a trial if you do it again. . .even if everything is caught on camera. But if you are even suspected of being a terrorists (especially if you are Muslim), you might not get one.