All I can tell my colleague is that issue went up to the D.C. Circuit Court of Appeals 2 weeks ago and they said just as clearly as you can say it that there is no constitutional right for a noncitizen enemy prisoner classified as such by our military during hostilities to come into our Federal courts. Just like Justice Jackson said in 1950. that would be a disaster. I just cant believe any Federal court is going to say that Sheikh Mohammed. the mastermind of 9/11. who is an alQaida member. gets more rights than the Nazis. I just dont believe they are going to do that.
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noncitizen