And the Supreme Court ruled that the US government could classify Hamdi as an enemy combatant.
They're not adequate ways to assess whether a person is an enemy combatant or not.
The case involves Jose Padilla, who was held for three years as an enemy combatant.
Hicks, an Australian, was deemed an enemy combatant and brought before a military commission.
Several GOP lawmakers on Thursday said Abu Ghaith should be considered an enemy combatant and sent to Guantanamo.
But it's not just whether they are there or not, and whether they are an enemy combatant or not.
Mr Padilla is being held on the grounds that he is, as the US Attorney General put it, an "enemy combatant".
The robots sent video back to the troops, sparing them the risk of being dispatched by booby trap or enemy combatant.
I'm not here to talk about his designation as an enemy combatant.
He backed the White House's view that Padilla could be held as an enemy combatant, although his decision was later overturned on appeal.
The Bush administration classified him as an enemy combatant and says that means he has no right to an attorney or a trial.
Carl Levin, D-Michigan, chairman of the Senate Armed Services Committee, said Saturday that the suspect should not be held as an enemy combatant.
The Defense Department in December announced Yasser Hamdi, another American citizen being held as an enemy combatant, could have access to an attorney.
Attorney General Gonzales would not discuss the earlier allegations about attacks in the United States or Padilla's three-year detention as an enemy combatant.
U.S. military hearings known as combatant status review tribunals determine whether a prisoner can be designated an "enemy combatant" and prosecuted by the military.
During the administration of former President George W Bush, US citizen Jose Padilla was held as an enemy combatant for more than three years.
Indeed, as its top counterterror officials made clear in Senate testimony on Wednesday, the administration never considered treating the terrorist as an illegal enemy combatant.
They urged that Tsarnaev be held as an enemy combatant, a designation that allows a suspect to be questioned without a lawyer and without being Mirandized.
Republicans have criticized security officials for charging the suspect in criminal court instead of treating him as an enemy combatant to be prosecuted by a military commission.
The White House said Mr Tsarnaev would not be tried as an enemy combatant in a military tribunal because he was a naturalised US citizen (born in southern Russia).
To hold the suspect as an enemy combatant under these circumstances would be contrary to our laws and may even jeopardize our efforts to prosecute him for his crimes.
Where a court finds that a detainee cannot be held as an enemy combatant, he should be returned to his home country or another country willing to receive him.
Mr Hamdan contested his status as "enemy combatant", and his lawyers were seeking to force US authorities to try him in a civilian court, arguing that the military tribunals were illegal under US law.
The Justice Department says the transfer application should be considered separately from the question of whether the Supreme Court decides to hear the issue of whether Padilla's detention as an enemy combatant is constitutional.
The judge ruled Mohammad el-Gharani was not an enemy combatant and directed the military "to take all necessary and appropriate diplomatic steps to facilitate the release" of el-Gharani from the U.S. base at Guantanamo Bay, Cuba.
It is part of what the U.S. military calls Combatant Status Review Boards, a process to determine whether a detainee is an enemy combatant and should continue to be held or if he should be released.
The 4th Circuit Court of Appeals blocked his transfer from military to Justice Department custody last week, noting differences between the criminal charges brought against him in November and the accusations made against him as an enemy combatant.
Tim Lynch, who directs the Cato Institute's Project on Criminal Justice, says if the Supreme Court does not take the case, the government's controversial legal position on enemy combatants will stand, at least until the next enemy combatant case.
During her confirmation as solicitor-general, she agreed with a Republican inquisitor that America is at war with terrorists, and she appeared to agree that an al-Qaeda financier captured in, say, the Philippines, can be held indefinitely as an enemy combatant.
Arguably, it is Mr. Wilner's aggressive representation, along with the determined efforts of the Kuwait government, that has had the greatest influence in the outcome of all the enemy combatant cases, in the court of law and in the court of public opinion.
应用推荐