For the last time, by authorizing "military force" the congress has unarguably authorized the capture of combatants.
That's just the facts: "military force" includes captures.
It authorizes military force against "anyone..."- that's the plain language of the act, and there is no indication that congress intended to exempt actions, or combatants on US soil.
In fact congress specifically states in the resolution that it's intent is "to protect United States citizens both at home and abroad".
As we all know it was attacks on US soil that precipated the resolution and the great reasonable desire we, and our congress, all had for the military to protect us from such attacks. It is beyond absurd to claim the authority does not extend to US soil!
Padella was ARRESTED not CAPTURED on US Soil by the FBI not the Military. He was ARRESTED at O'Hare after coming through the Custom Zone. Read his Miranda Rights and then imprisoned. He subsequently was denied due process after his ARREST and held until the limitations of his confiment was about to expire. The Government then without due process or legal authority changed his status to a unlawful combatant citing Quirin as it sole authority. Besides Congress made no provisons for either capture or arrest on US Soil. Neither did the President by his EO.
If this is so absurd show me the authority by Congress or by the Presidential executive Order.
The actual text is" "...authorize the use of United States Armed Forces ...the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons"