Here's an article from last week that I wanted to discuss:

  Court Rules U.S. Can Hold Citizens as 'Enemy Combatants':

  http://www.nytimes.com/2003/01/08/national/08CND-DETAIN.html


I hope this goes to the Supreme Court. Here are the sections from the
Constitution that I think could be relevant in this case:

> Article III, Section. 3, Clause 1:  No Person shall be convicted of
> Treason unless on the Testimony of two Witnesses to the same overt
> Act, or on Confession in open Court.

> Amendment V.  No person shall be held to answer for a capital, or
> otherwise infamous crime, unless on a presentment or indictment of
> a Grand Jury, except in cases arising in the land or naval forces,
> or in the Militia, when in actual service in time of War or public
> danger; nor shall any person be subject for the same offence to be
> twice put in jeopardy of life or limb; nor shall be compelled in any
> criminal case to be a witness against himself, nor be deprived of
> life, liberty, or property, without due process of law; nor shall
> private property be taken for public use, without just compensation.

> Amendment VI.  In all criminal prosecutions, the accused shall enjoy
> the right to a speedy and public trial, by an impartial jury of the
> State and district wherein the crime shall have been committed,
> which district shall have been previously ascertained by law, and
> to be informed of the nature and cause of the accusation; to be
> confronted with the witnesses against him; to have compulsory process
> for obtaining witnesses in his favor, and to have the Assistance of
> Counsel for his defence.


It seems the government is violating multiple provisions of the
Constitution:

-He can't be convicted of Treason without Testimony of two Witnesses or
Confession in open Court

-He can't be held to answer for an infamous crime unless indicted by a
Grand Jury (unless he was caught and "tried" right on the battlefield,
in which case I guess a military officer could have shot him for treason
on the battlefield, but now he is no longer in the field so that is no
longer an option)

-He is being deprived of liberty and property without due process

-He is not enjoying to right of a speedy and public trial by jury and he
does not have Assistance of Counsel for his defence

It seems clear to me that the courts and government have screwed up
here.



-- 
"Erik Reuter" <[EMAIL PROTECTED]>       http://www.erikreuter.net/
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