Quien es un “enemy combatant”?

Jason left this awesome comment in my post about immigrants being held indefinitely. Since I’m paranoid about allowing ANY html in the comments, it got mangled


Here’s how the law in question (the Military Commissions Act of 2006) defines "Persons Subject to Military Commissions":

`Any alien unlawful enemy combatant is subject to trial by military commission under this chapter.

And here’s how the act defines "alien unlawful enemy combatant":

(1) UNLAWFUL ENEMY COMBATANT- (A) The term `unlawful enemy combatant’ means–

`(i) a person who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al Qaeda, or associated forces); or

`(ii) a person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense.

(3) ALIEN- The term `alien’ means a person who is not a citizen of the United States.

So as I read that, it means that anyone who isn’t a US citizen (including foreigners here on valid work permits) who is designated as a Bad Guy by "another competent tribunal established under the authority of the President" can be thrown into a secret prison.

Thanks George!