[Osx-nutters] Olbermann is mad about Military Commissions Act
Chuck Bennett
bennettc at ohio.edu
Fri Oct 20 20:26:40 CEST 2006
On Oct 20, 2006, at 1:27 PM, Kevin Callahan wrote:
> under this definition, couldn't a US citizen (as Turley points out)
> be considered an "unlawful enemy combatant" ? where in the
> definition does it say the subject of interest must be an alien ?
>
>
>
> Section 948a of title 10 of the United States Code, as added by the
> Act, defines an "unlawful enemy combatant" as:
>
> `(i) a person who has engaged in hostilities or who has
> purposefully and materially supported hostilities against the
> United States or its co-belligerents who is not a lawful enemy
> combatant (including a person who is part of the Taliban, al Qaeda,
> or associated forces); or
>
> `(ii) a person who, before, on, or after the date of the enactment
> of the Military Commissions Act of 2006, has been determined to be
> an unlawful enemy combatant by a Combatant Status Review Tribunal
> or another competent tribunal established under the authority of
> the President or the Secretary of Defense.
>
>
>
>
>
>
But, by their own rules they only claim jurisdiction of alien enemy
combatants.
So it is true that an American can be defined as an enemy combatant,
but they simply will not fall under the control of this commission.
=c=
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