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To: Mike4Freedom
"Congress defines what makes someone an enemy combatant "
Done.
You may think it too broad, but it is what congress decided- as is their power.

"Executive branch brings charge and a trial is held with a jury to decide if defendant does, in fact, meet the definition specified by Congress. "
Nope. Not in the Constitution and has never been done.
The Habeas Corpus petition- and due process- is all they get , the court decides if they are rightly held under the congress's definition of combatant.

You may not like this but it is Constitutional and it is arguably a fair balance of liberty and security.

20 posted on 12/01/2002 5:27:16 PM PST by mrsmith
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To: mrsmith
Nope. Not in the Constitution and has never been done. The Habeas Corpus petition- and due process- is all they get

That is just the point, they are NOT getting due process or access to the courts for a Habeus petition.

Padilla is incommunicado-no lawyer can see him. How do you file a habeus petition from a prison cell without help from the outside???

What due process means is that EVERYONE, even people that you don't like, get a day in court and that includes a jury trial if there are any penalties that exceed $20. Please read the sixth and seventh amendment again and You will see that ANY criminal charge gets a jury trial. Being an illegal combatant is nothing but a criminal charge that must be resolved by a jury trial. That is exactly what the constitution requires.

22 posted on 12/01/2002 7:01:56 PM PST by Mike4Freedom
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