With the bombings over the weekend in New York, a few arguments have reopened in the War on Terror. The first is how to treat criminals. In this case the bomber himself is getting great medical care that the majority of Americans could only dream of having. The second has to do with what rights does the bomber have under U.S. law. Most of us would think that someone who attacks the country would be considered an enemy combatant in a war – even if the enemy is so nebulous, no formal declaration was ever made.
And then when the suspect is an actual American citizen, naturalized or not….
Senator Lindsey Graham of the gentleman’s south, seem to believe that this particular bomber falls under that category, and therefore the rule of law should be amended to treat him as such.
“I hope the Obama administration will consider holding Rahami as an enemy combatant for intelligence gathering purposes,” the South Carolina Republican said in a statement. “The suspect, based upon his currently reported actions, clearly is a candidate for enemy combatant status.”…
American citizens can be held as enemy combatants if they take up arms against the U.S. or collaborate with enemies, giving the government more leeway in questioning the suspect. As an enemy combatant, Rahami would not be entitled to his Miranda rights or appointment of counsel….
“I have little confidence the Obama Administration will take the course of action I am proposing. Instead, they will read him Miranda Rights as soon as possible,” he said.
Graham said that while the authorities gather information about how the attacks were planned, holding Rahami as an enemy combatant would also allow them to question him immediately instead of focusing on a “future domestic criminal trial that may take years to complete.”
“Holding Rahami as an enemy combatant to determine whether he has ties to terrorist groups, whether he was working for or funded by them, and whether there are co-conspirators, and then trying him in our civilian system for his terrorist acts is the best way to protect our country first, and then achieve justice,” he said in the statement.
Judge Andrew Napolitano disagrees. He talked about it with Martha MacCallum of Fox News.
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Lindsey Graham is a military judge?
Regardless of what We the People think in this case, it is worth considering Judge Nap’s words. Yes, this guy may be an enemy combatant, but what does it do to the rule of law if it is suspended.