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lawhawk1/07/2010 8:32:35 am PST

re: #345 RogueOne

The President has multiple hats to wear, but as he has to uphold the US Constitution, what you suggest opens the door to branding individuals captured in the US as terrorists whether they committed such crimes or not and pushing them into a tribunal system.

The US can still get intel from these individuals, but has to do so in a law enforcement framework. I understand the problem in that it gives terrorists who successfully make it into the US to carry out attacks additional protections that those overseas don’t have (who would see tribunals only), but that protection extends to all Americans - preventing the government from classifying someone for tribunal treatment who should get federal court treatment.

It is a balancing act, and it’s one of many decisions that the President has to consider at any time.