Don't throw out the books

The executive branch of the U.S. government is trying to set a dangerous legal precedent in the case of alleged Taliban fighter Yaser Esam Hamdi. Hamdi, 22, was born in Louisiana, making him a U.S. Citizen, but he was raised in Saudi Arabia and joined the Taliban in July of 2001. After being caught by the Northern Alliance in Afghanistan, Hamdi was turned over to the United States, where he was placed in a Navy brig (jail) and has been held there since April. The Bush administration claims that Hamdi, though an American citizen by birth, is an enemy combatant, and therefore can be held indefinitely without access to a lawyer or even being brought to face actual charges. The U.S. Fourth Circuit Court of Appeals has heard details of the case for a third time, and will not argue the fact that Hamdi can be classified as an enemy combatant. What the court is undecided on is Hamdi's treatment.\nThe Fifth and Sixth Amendments of the U.S. Constitution outline fair treatment of those to be prosecuted. The Fifth Amendment states that no one can be held for a crime unless they are indicted or if the case arises in the military or during war time. The executive may have declared a war on terror, but this country is not officially at war with anyone, so that excuse is out. And the Sixth Amendment says: \n"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."\nEven in military justice, there is at least a tribunal where facts are stated and judgment passed. Accused individuals aren't just locked away, never to be seen again. The U.S. code (laws other than the constitution) says that apprehended foreign enemy fighters still have to be treated according to standard humanitarian practices. \nThe big picture in this case is that if the executive gets the authority to hold Hamdi without charge or trial just by classifying him as a combatant, with that court precedent, they can label anybody as a combatant and therefore hold them indefinitely. That idea makes accusing someone of treason or sedition much easier, and would limit free speech and demonstration rights. \nIt has been said that absolute power corrupts absolutely. If the executive is given the kind of power to be able to detain any citizen for any reason, Democracy as we know it will die. For with that authority, no one will be able to stand up to the government, because as soon as they do, they can be labeled an enemy and locked away.\nWe hope the courts take a hard look at this case, and err on the side of guaranteed freedom rather than temporary security.