The Court Of Appeals has ruled (rightfully so) that American citizens cannot be held as "enemy combatants" because it would violate the Constitution.
“To sanction such presidential authority to order the military to seize and indefinitely detain civilians, even if the president calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution — and the country,” the court panel said.
That's true. The term "enemy combatants" only applies to foreign born people who fight against the US without adhering to the Geneva Conventions. Most notably, not fighting for any particular country, attacking and hiding within civilian areas, and murdering prisoners.
While I don't think that this guy should be set free, and the court has said so, it is a fundamental right for US citizens to be tried in a court of law for crimes that they may have committed. You simply can't take away Constitutional rights of the citizens.
Lawyers for al-Marri argued that the Military Commissions Act, passed last fall to establish military trials, doesn’t repeal the writ of habeas corpus — defendants’ traditional right to challenge their detention.
Exactly. The Constitution overrules all other laws. It's as simple as that people. The Constitution protects American citizens, including naturalized ones. If he's a citizen, he has rights. If he's guilty of the crimes he's accused of, stick an needle in him until he stops breathing. Innocent until proven guilty.
Travis
travis@rightwinglunatic.com
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