http://www.scotusblog.com/2007/10/boumedienes-continuing-fallout/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.scotusblog.com/2007/10/boumedienes-continuing-fallout/#comment-12226 Jacques MacKenzie Mon, 15 Oct 2007 23:18:59 +0000 http://www.scotusblog.com/wp/uncategorized/boumedienes-continuing-fallout/#comment-12226 Part of what is bizarre here is that the detainees act as though they are due full-blown trials. But the determination that one is an enemy combatant is more like an indictment than a conviction. It would be rather strange for a citizen criminal defendant to claim that his indictment should be dismissed because he has yet to go to trial and the grand jury procedure is unconstitutional because it is in secret, hearsay evidence was used, and his defense attorney was not allowed in while he testified before the grand jury. What the detainee rights advocates are really looking for is a Speedy Trial Act for military detainees during a time of war. That obviously makes no sense. Part of what is bizarre here is that the detainees act as though they are due full-blown trials. But the determination that one is an enemy combatant is more like an indictment than a conviction. It would be rather strange for a citizen criminal defendant to claim that his indictment should be dismissed because he has yet to go to trial and the grand jury procedure is unconstitutional because it is in secret, hearsay evidence was used, and his defense attorney was not allowed in while he testified before the grand jury. What the detainee rights advocates are really looking for is a Speedy Trial Act for military detainees during a time of war. That obviously makes no sense.

]]>