was also a U.S. citizen.

The Nazis were captured before they could launch their terrorist attacks against rail lines, waterways and factories. President Roosevelt ordered them tried by military commission, but the detainees filed a petition of habeus corpus to challenge their military detention using the Fifth and Sixth Amendments. Could the president arrest and detain such persons in the United States without involving the judiciary?

Unanimously, the Supreme Court ruled that he could. Saboteurs without uniforms were "enemy combatants" and therefore subject to military jurisdiction. Even Haupt, the U.S. citizen, could be so held. The Supreme Court stated: "Citizens who ... enter this country bent on hostile acts are enemy belligerents within the meaning of the Hague Convention ..."

Thus, as far back as 1942, the Supreme Court clearly described the legal status of enemy combatants.

No President -- not Lincoln, not Wilson, not Roosevelt, not Kennedy -- no President has

..... ever granted POWs and enemy combatants the rights of U.S. citizens and the comforts of the federal criminal justice system.

But this President permits the radical left trial bar — the ACLU and other avowed enemies of the Constitution — to pervert American law and tradition. Risking an acquittal on American soil. Risking disclosure of highly classified information that helps protect the U.S. homeland.

These acts desecrate the memories of 3,000 American souls who died at the hands of the most vicious terrorists in history. I don’t care if you’re a Democrat, a Republican or Independent. It’s sickening.


Linked by: Michelle Malkin. Thanks!