"...capturing bin Laden is 'not a top priority use of American resources.'" -- George W. Bush | September 2006
"I truly am not concerned about [bin Laden]" -- George W. Bush | March 2002
Get Osama Bin Laden before I leave office, orders George W. Bush | June 16, 2008
Former Speaker of the House Newt Gingrich said that the Supreme Court decision to allow enemy combatants to challenge their detention could lead to the nuclear destruction of a U.S. city.
The Quirin case, however, does not stand for the proposition that detainees may be held incommunicado and denied access to counsel; the defendants in Quirin were able to seek review and they were represented by counsel. In Quirin, "The question for decision is whether the detention of petitioners for trial by Military Commission ... is in conformity with the laws and Constitution of the United States." Quirin, 317 U.S. at 18. Since the Supreme Court has decided that even enemy aliens not lawfully within the United States are entitled to review under the circumstances of Quirin, that right could hardly be denied to U.S. citizens and other persons lawfully present in the United States, especially when held without any charges at all. Report by the ABA
"The U.S. Court of Appeals for the D.C. Circuit has 'overturned the Pentagon’s classification of a Guantanamo detainee as an enemy combatant,' undermining 'the basis for his more than six years in detention.' The court also rejected the argument that the President can 'detain people who never took up arms against the U.S.,' dealing another setback to the Bush administration’s detention program."
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