Quote:
Originally posted by Spanky
So if Hostile combatants are not entitled to the full range of protections of the Consitution, what protections are they entitled to and which one are they not?
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Let's try to simplify this by taking the discussion into another hypothetical.
Can we agree that US soldiers cannot rape civilian women in Iraq? I am talking about the law that prohibits the soldier from raping. Whether or not the woman has a legal right of relief under US law has nothing to do with this side of the equation.
Okay, by the same token, the writ of habeus corpus is not based upon any rights
per se a foreign person has or doesn't have under the Bill of Rights. the writ is brought solely to determine whether or not the military acted within
its rights and powers in taking the foreign person into custody.
