19 December 2003

Here's What Happens When the Government Can't Keep "Enemy of the State" Cases in the 4th Circuit.

In a case which is decided properly, the 2d Circuit finds that a citizen cannot be designated an "enemy combatant" so that he can be held indefinitely and denied constitutionally recognized rights including access to an attorney and all the due process protections. Here's the majority opinion and here's the dissenting opinion.

In a case which just screams "I AM WRONG - OVERTURN ME!!!" the 9th Circuit rules that enemy prisoners of war have the same rights:
"We cannot simply accept the government's position," Reinhardt continued, "that the Executive Branch possesses the unchecked authority to imprison indefinitely any persons, foreign citizens included, on territory under the sole jurisdiction and control of the United States, without permitting such prisoners recourse of any kind to any judicial forum, or even access to counsel, regardless of the length or manner of their confinement."
As this is directly in conflict with a D.C. Circuit opinion it is ripe for the overturning.

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