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Originally posted by sgtclub
Constitutional rights
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I don't know enough about this area of the law, either, but isn't there any consideration given to the fact that we are at war? If so, then I think those opposing his status as enemy combatant don't see the war on terrorism as a real war.
If Iran attacks us, and american muslims were to take up arms and fight against US forces on US soil in support of Iran, would their actions be crimes or acts of war? I think it would be pretty clear that they were enemy combatants and should be treated as POWs if taken prisoner. POWs don't get lawyers to represent them.
I see Padilla being the same as an American who fights againt the US in a war and is captured - an enemy POW.