Raeven0
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Oh, they did include a definition in the act; that's what I was quotingI will try to get that for you when I have a sec, I know for a fact they changed the definition of an enemy combatant.
As passed by the Senate, measure number S.3930.ES.
Looking at it again, I think you may be referring to the amended portion of §10-47-948a:
(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.
--which does carry the connotation that the President and DoD can declare anyone an unlawful enemy combatant; and I'll say that this would eliminate the second requirement (material anti-US hostilities) altogether, but it would take an unreasonable stretch for the executive tribunals to convert a lawful combatant's status to unlawful, which would be necessary to meet the third requisite (no national employment).
The first requisite (noncitizenship) is totally unaffected, though: these new military commissions are explicitly established for alien unlawful enemy combatants; so even if, by some voodoo magic, the President were to declare us all unlawful enemy combatants, his new military commissions couldn't try the American citizens among us.
Assume for the sake of argument, though, that the executive branch also possesses the arcane power to declare people noncitizens. What could then result would be, if the executive bureaucracy could get off its ass long enough, that anyone in the nation could technically be declared an alien unlawful enemy combatant operating under a foreign militant power. Such a process, however, would be incredibly inefficient and wasteful even for this administration.
Essentially, if I take issue with any part of the bill, it's that one paragraph. The President shouldn't have that power.