Terrorists and the U.S. Constitution

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					Terrorists and the U.S.
   Legal term is enemy combatant
   May be detained for the duration of the
   Do not fight in a country’s military
   Do not wear the uniform of a country
   Are not entitled to protection of the
    Geneva Convention because they are not
    part of a uniformed military
   Are not entitled to Constitutional
    History of Enemy Combatants
   Enemy combatants have been held
    in every war/conflict that the U.S.
    has been involved in
   Abraham Lincoln: Civil War: 4,271
    cases all upheld by the Supreme
    Court and other Federal Courts
   WWI, WWII, War of 1812, Spanish-
    American War, Korean Conflict,
      Supreme Court Decisions
   President has the authority to hold enemy
   Enemy combatants are to be tried in
    military tribunals
   Military tribunals are not the same as a
   Military tribunals have the authority to
    decide guilt/innocent and to determine
    and carry out the sentence
        Supreme Court Decisions

   1862: President has the authority to hold
    detainees for the duration of the conflict
   1863: President can suspend habeas
    corpus for the duration of the conflict
   1942: detainees have no right to habeas
   2001: Al Qaida are enemy combatants
   2002: detainees have no right to habeas
      Military vs. Federal Courts
   Military Tribunal
    • U.S. Constitution does not apply
    • Rules of evidence are different
    • Designed to protect security secrets that are
      necessary for the National Security of the U.S.

   Federal Courts
    • All civil rights must be observed at the time of
      arrest until the trial is concluded
Constitutional Rights after arrest
   Must be told why you are being arrested
   5th Amendment
    • Right to remain silent
    • Right to waive your 5th Am. Rights
    • Right to stop answering questions
   Right   to   refuse chemical or physical tests
   Right   to   a phone call
   Right   to   an attorney
   Right   to   reasonable bail
   Right   to   a speedy trial
        Khalid Sheik Muhammad
   Planned and executed the attacks of 9/11
   Wired money to World Trade Center bombers in 1992
   Worked with and planned terrorists attacks with Osama Bin
   Became head of Al Qaeda operations in 2000
   Captured by Pakistani military March 1, 2003 and turned
    over to U.S. military
   Transferred to Guantanamo Bay Cuba
   Confessed to 9/11 attacks, Richard Reid shoe bombing
    attempt, attempting to blow up a U.S. passenger jet, and
    the Bali nightclub bombing in 2003
   Currently is in New York being tried in U.S. Federal Court

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