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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: TimF who wrote (24705)7/21/2006 4:59:00 PM
From: Ilaine  Read Replies (2) | Respond to of 541403
 
there is no requirement to pass a sentence in order to hold captured combatants

Wrong. Read Hamdi.

>>At this difficult time in our Nation’s history, we are called upon to consider the legality of the Government’s detention of a United States citizen on United States soil as an “enemy combatant” and to address the process that is constitutionally owed to one who seeks to challenge his classification as such. The United States Court of Appeals for the Fourth Circuit held that petitioner’s detention was legally authorized and that he was entitled to no further opportunity to challenge his enemy-combatant label. We now vacate and remand. We hold that although Congress authorized the detention of combatants in the narrow circumstances alleged here, due process demands that a citizen held in the United States as an enemy combatant be given a meaningful opportunity to contest the factual basis for that detention before a neutral decisionmaker.
supremecourtus.gov

See also Rasul.
supremecourtus.gov