Word: combatantã
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...Quirin decision should be required reading for those who think the Bush administration has abandoned constitutional precedent by designating captured terrorist Jose Padilla an “enemy combatant?? and holding him without trial. Indeed, the administration has relied heavily on Quirin as the basis of its argument in Rumsfeld v. Padilla, a watershed case now before the Supreme Court...
Designated an “enemy combatant?? by federal authorities, Padilla can legally be held until the conflict in which he participated is over. But Jenny Martinez, Padilla’s lawyer, rightly challenges the basic assumptions the government made when her client was detained. The most important issue is whether Padilla, arrested on American soil, should be declared an enemy combatant in the first place. The government’s lawyer, Deputy Solicitor General Paul D. Clement, claims that because the war on terror is global the whole of the United States is a battleground as well...
...today, U.S. citizens can be jailed indefinitely, without charge, if they are suspected of terrorism. The FBI can now investigate American citizens without probable cause of their involvement with a crime. And the mere accusation of being an “enemy combatant?? is enough to land you in a Navy brig without access to a lawyer...
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