Can Anyone Be An "Enemy Combatant"?

"Sleeper Cell" Case Questions Bush Authority To Detain U.S. Residents Indefinitely Without Trial

(AP)  Al-Marri is not the first prisoner who did not fit neatly into the definition of enemy combatant.

Two U.S. citizens, Yaser Esam Hamdi and Jose Padilla, were held at the same brig as al-Marri. But there are differences. Hamdi was captured on an Afghanistan battlefield. Padilla, too, fought alongside the Taliban before his capture in the United States.

By comparison, al-Marri had not been on the battlefield. He was lawfully living in the U.S. That raises new questions.

Did Congress really intend to give the president the authority to lock up suspected terrorists overseas but not those living here?

If another Sept. 11-like plot was discovered, could the military imprison the would-be hijackers before they stepped onto the planes?

Is a foreign battlefield really necessary in a conflict that turned downtown Manhattan into ground zero?

Also, if enemy combatants can be detained in the U.S., how long can they be held without charge? Without lawyers? Without access to the outside world? Forever?

These questions play to two of the biggest fears that have dominated public policy debate since Sept. 11: the fear of another terrorist attack, and the fear the government will use that threat to crack down on civil liberties.

"If he is taken to a civilian court in the United States and it's been proved he is guilty and it's been proved there's evidence to show that he's guilty, you know, he deserves what he gets," his brother, Mohammed al-Marri, said in a telephone interview Friday from his home in Saudi Arabia. "But he's just been taken there with no court, no nothing. That's shame on the United States."

Courts have gone back and forth on al-Marri's case as it worked its way through the system. The last decision, a 2-1 ruling by a 4th U.S. Circuit Court of Appeals panel, found that the president had crossed the line and al-Marri must be returned to the civilian court system. Anything else would "alter the constitutional foundations of our Republic," the judges said.

The full appeals court is reviewing that decision and a ruling is expected soon. During arguments last year, government lawyers said the courts should give great deference to the president when the nation is at war.

"What you assert is the power of the military to seize a person in the United States, including an American citizen, on suspicion of being an enemy combatant?" Judge William B. Traxler asked.

"Yes, your honor," Justice Department lawyer Gregory Garre replied.

The court seemed torn.

One judge questioned why there was such anxiety over the policy. After all, there have been no mass roundups of citizens and no indications the White House is coming for innocent Americans next.

Another judge said the question is not whether the president was generous in his use of power; it is whether the power is constitutional.

Whatever the decision, the case seems destined for the Supreme Court. In the meantime, the first military trials are set to begin soon against detainees at Guantanamo Bay. Al-Marri may get one, too. Or he may get put back into the civilian court system. For now, he waits.


Documents and information on al-Marri's case can be viewed on the Web site of the Brennan Center for Justice at New York University School of Law.

[dragon8me]

The only Terrorist we need to fear are the Administration, and Congress is guilty for aiding the enemy by not impeaching Cheney and Bush. We have lost our freedom and the media is just propagandist for these people. If you don''t like what''s happening just wait, theres more. Ever hear of Plan 2000?

[watcher269-2009]

Can Anyone Be An "Enemy Combatant"?

YES

BUSH and Cheney! Enemies of America and Americans!

[undermyboot]

Bush, the neocons, and their supporters are true students of history. They have learned lessons taught by some significant past political leaders and observers. For example:

"The easiest way to gain control of a population is to carry out acts of terror. [The public] will clamor for such laws if their personal security is threatened".- Joseph Stalin

"Terrorism is the best political weapon for nothing drives people harder than a fear of sudden death". - Adolph Hitler

"...the people can always be brought to the bidding of the leaders. That is easy. All you have to do is to tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country." - Hermann Goering, Nazi leader
"When fascism comes to America, it will be wrapped in the flag and carrying the cross." - Sinclair Lewis

Perhaps Bush himself said it best;

"A dictatorship would be a heck of a lot easier, there''s no question about it." G.W. Bush
Source: Business Week Online, "A Gentleman''s "C" for W," Richard S. Dunham, July 30, 2001

Ann Coulter waxed eloquent..."My only regret with Timothy McVeigh is he did not go to the New York Times Building."

[michellem99-2009]

We were taught a different America in the 60s and 70s. Yep. It was the America I grew up knowing and Dad,Uncle served. One man changed the nation to fit him and his family. Today I pity America..

[caldwellptr]

"Can Anyone Be An "Enemy Combatant"
I am interested in the contrast between the response to domestic terrorism - Oklahoma City, and foreign terroism - 9/11. Domestic terrorism did not seem to undo America as foreign terrorism has.

[algoresarse]

Posted by TawpDawg11 at 11:42 AM : May 25, 2008
+ report abuse
******

for a terrorist ..or those criminaly minded..YES A LOT HAVE CHANGED

[tawpdawg11]

Without tanks, armies, navies, air forces, generals, countries, etc is al-durka-durka really anything other than regular criminals, albeit dangerous ones?

When did we begin, exactly, to deny rights to those who COULD be innocent? If there is a preponderence of evidence for guilt, then a jury will decide, as our nation of laws has functioned since its inception.

We were taught of a VERY different America in middle and high school American history and civics.


Should we teach our children the new reality in class? Or should we go back to what got us to the year 2000?


Just some questions. My, have things changed DRASTICALLY in 7 years.

[algoresarse]

is that even a question..well it is from AP..the most liberal tabloid source..

after all we had seen in the past...i would say yes..if they can control a camel..they would shove bombs up its arse and use it as a suicide bomber..

[missingamerica]

[bq]
Sulmasy says no. That is how Congress wrote the bill and "if they feel concerned about civil liberties, they can tighten up the language," he said.
[eq]

And that is the singular most important reason that our Congress has been a screw-up for eight straight years: They failed to understand that they are dealing with an Administration that has no concept of honor.

This Administration is NOT a group of people with whom you can seal a deal "with a handshake and a smile".

By failing to nail down the parameters of the behavior that they - and America - would permit from this Administration with iron-clad Law, Congress enabled this Administration to steal a mile every single time that they only intended to give them an inch.

I''d further note that you can look at Gonzales and other examples from this Administration, and quickly determine that the greatest internal threat to America today is the legal profession.

I mean, c''mon...a whole Presidency whose every shady move is accomplished by using lawyers to find them loopholes in the Law?

[bobnjersey]

[Take a look at the picture above, that guy has the face of an al-qaeda operative ...]
[Posted by BagdadsHere at 08:34 AM : May 25, 2008]

well ... if you give him a guitar and put him in front of a microphone ... he''d could pass for a country music award nominee ... without his hat on.

[lochlan-2009]

"The government says the president needs this power to keep the nation safe."

Translation: "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."
-- Benjamin Franklin

[tootall10142]

The UNITED STATES NEEDS TO LEGALIZE MARIJUANA PAY THE MEXICAN GOVT. TO GROW IT AND ASSASINATE ON THE SPOT ANY ONE CAUGHT WITH ANY THING CONTRA-BAND AS RELATED TO DRUG ACTIVITY.STILL WAITING ON THAT CALL FOR VOLUNTEERS.

[tootall10142]

Is it time for that drink ? What is the hold up?i value a good drink of single higher than i do this piece of pond scum.Need a volunteer?

[tootall10142]

just shoot the sob and lets go have a drink.

[bobnjersey]

[A computer specialist, al-Marri was ordered to wreak havoc on the U.S. banking system and serve as a liaison for other al Qaeda operatives ]

we have plenty of ''specialists'' already here to wreak havoc on the banking system ... we''re doing just fine w/ that ourselves. we''ll let them know when we need their help.

[bobnjersey]

[The government has our best interests at heart. Trust them.]
[Posted by studio41 at 12:30 AM : May 25, 2008]

not much a student of history ... are we?

[jjp735i]

The problem is Bush''s track record for lying and for using false intelligence or twisted intelligence to scare people into giving him what he wants. If there is truly evidence to prove this charge, then let the courts handle this case and let the evidence prove him guilty or innocent.

No one should have the power to just take someone and lock them up in the U.S.A. After all, is this not the type of governments we are now fighting against?

[r9119111]

Why let civil rights and the Constitution get in the way of what the Bush Administration wishes to do? The government has our best interests at heart. Trust them.

Posted by studio41 at 12:30 AM : May 25, 2008

You are entitled to your opinion, however, you are a very foolish person considering increasing evidence to the contrary. Please think more about it again and again until you realize how foolish you really are.

[undermyboot]

American who support the destruction of our liberty are pathetic. The neocons and their totalitarian supporters trot out pictures of impotent morons like this terrorist and wave the pictures wildly. "See this scary guy? Be afraid! Give us your liberty so this scary boogeyman will not hurt you!" And the morons who listen and believe say, "Yes, we are cowards and our safety is more important than our principles or our liberty. Please let us kiss your feet Lord Bush. You are our King and Master and will protect us from the scary Islamoboogeyman." ROFLMAO

These people do not DESERVE to be called Americans. They are ignorant cowards and children.

[dontbasucka]

Yeah CBS the Communist Broadcasting System has our best interests at heart. The 3 major networks plus PBS and most newspapers and magazines like Time, Newsweek, US NEWS & World Report couldn''t give a right leaning story because their major funding would cease. They love their money so don''t ever beleive they have your best interest at heart with these a$$inine stories. Anything to hamstring and trip America is what you can depend on here.