Who Is an Enemy Combatant? Law Remains Unclear
NPR's "Weekend Edition" features commentary by Associate Professor Jenny Martinez about the U.S. Supreme Court's definition of enemy combatants:
Professor JENNY MARTINEZ (Stanford): [...The] President can detain a U.S. citizen captured fighting in Afghanistan as an enemy combatant as long as that person is afforded some due process by the courts. And I think that's the only question that's been answered.
SHAPIRO: Even that seemed to have a lot of caveats in it.
Professor MARTINEZ: Absolutely. You know, it only addressed battlefield captures in Afghanistan. In terms of what process an American citizen captured in Afghanistan would be entitled to, the court wasn't very clear on that either.