BUMP
Walt
The court stated a lot of history in that decision. "Unlawful combatants" can also be spies. The guy came to do "recon". That is "spying".
Throughout history spies have been hung. Starting with the revoulutionary war, the war of 1812, the Civil War.
This is nothing new. No precident -- we've been there, done that.
Second, any citizen should be able to file a habeas corpus petition. If he can show he isn't an illegal combatant (that's the correct standard, no crime need have been committed other than taking arms against the U.S.), then the court can order his release.
"Congress must get involved, exercising its responsibility to enact a new legal regimen for citizen-detainees in time of national emergency." That'll be the day. With the Daschle Dims in charge of the Senate, we'd get Congressional action after some Al-Qaeda nut finally succeeds in nuking us. We're in a war now; I want the enemy soldiers locked up until it's over.