Sun Apr 21, 2013, 12:01 PM
cleduc (640 posts)
"The term "alien" means a person who is not a citizen of the United States."
This chapter establishes procedures governing the
Boston Bomb Suspect Became a U.S. Citizen on 9/11 Last Year
The Boston suspect is not an alien and therefore, cannot be tried as an "unlawful enemy combatant" .
"The term 'lawful enemy combatant' means a person who is —
And he isn't a "lawful enemy combatant" either based upon my reading of the law above. Therefore, the GOP is advocating something that does not seem to be allowed by the 2006 law they designed and implemented in that he cannot be tried by a military commission.
As well, on CNN yesterday, someone was discussing the comparison of successful prosecutions via military commissions like Guantanamo (only 3? convictions) vs US civilian courts (500 convictions of terrorists) and maintained that it's a landslide in favor of the US civilian courts in terms of getting a successful prosecution.
The recent hysteria about how we shouldn’t be giving constitutional rights to non-U.S. citizens is a red herring. (It’s also worth noting, as Glenn Greenwald explained in an excellent post on Salon on Monday, that the Constitution requires according foreigners detained in the U.S. Constitutional rights – as the Supreme Court ruled as far back as 1886 and recently reaffirmed in its decision in Boumedienne v. Bush.)
I don't understand beyond scoring political points why this is a debate
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