Page 5 - Enemy Combatant News Today

Brief. whether i agree is not the point. i just want you to understand that its important for all of us to know where you were coming from. if that brief had been accepted by the court, it would be impossible for us to fight this war. because theres some people who are going to die in jail in gitmo and never go to trial for a lot of good reasons. because the evidence against them is so sensitive, we cant disclose it to the public. that were not charging them with a crime. what were doing is sayi...

This way. >> but do you personally believe that al qaeda, isis-type groups are still at war with us. >> i think -- yes. i think -- >> were still in a state of war with certain elements of radical islam to this very day? >> i believe thats documented, yes. >> okay. now, whats the process to determine whether one is an enemy combatant under our law? >> well, i believe that the executive branch makes an assessment of whether or not someone has taken up arms against the united states somewhere in th...

Worked on or three technically or two different cases. >> well have enough. >> yes. >> go back in your chief. i believe you argued that an executive branch should not have the ability to hold an enemy combatant, that you need to try them through some process and release them. >> senators, as you were talking my clients, the kato institute, the rutherford institute and the constitution project made that argument and asked me to draft their brief. >> yes. do you agree with that argue? >> senator, ...

Are putting america in an untenable position. it is not the way you fight a war. if you tried to do in the world war ii they are run you out of town. there is no magic passage of time you have to let them go if they are a threat. so my question is very simple. do you support the idea -- did you support then the idea that indefinite detention of an enemy combatant is unlawful? >> respectfully, senator, when you are an attorney and you have clients who come to you, whether they pay or not, you rep...

An enemy combatant. >> well, i believe they make a decision. under current law, i believe that determination is made by the executive branch and the person is put into -- is detained and then the question becomes whether they are able to bring some sort of legal challenge to that. >> they have the habeas right. the law is that the executive branch determines if you are an enemy combatant and under our law, you can appeal that decision to a federal court through habeas, is that correct? >> i beli...

Brief. whether i agree with it or not is not the point. i just want you to understand that it is important for all of us no know where you were coming from. if that brief had been accepted by the court, it would be impossible for us to fight this war because there are some people going to die if jail in gitmo and never go to trial for a lot of good reasons. the evidence against them is so sensitive we cant disclose it to the public. were not charging them with a crime. what were doing is saying ...

War. if you tried to do this in world war ii they would run out of town. we would hold enemy combatants as long as theres a threat. theres no magic passage of time that youve got to let them go, so my question is very simple. do you support the idea -- did you support then the idea that indevaney detention of an enemy combatant is unlawful? >> respectfully, senators, when you are an attorney and you have clients who come to you whether they pay or not, you represent their positions before the co...

Brief. whether i agree with it or not. i just want you to understand that its important for all of us to know where you were coming from. if that brief had been accepted by the court, it would be impossible for us to fight this war because theres some people going to die in jail in gitmo and never go to trial for a a lot of good reasons, because the evidence against them is so sensitive we cant disclose them to public, that were not charging them with a crime. what youre doing is you engaged in ...

Of force against people in this way. >> but do you personally believe that al qaeda, isis-type groups are still at war with us? >> i think yes. i think we -- >> were still in a state of war with certain elements of radical islam to this very day. >> i believe thats documented, yes. >> okay. now, whats the process to determine whether one is an enemy combatant under our law? >> well, i believe that the executive branch makes an assessment of whether or not someone is taking up arms against the un...

0 misleading the public but taking the court out of context. she repeated testimony from someone else and he says it is her quote. hawley praised her experience and said he looks forward to questioning her today. also important to note many questions about her time as a public defender and for her to get on the bench this time where she was now at the court of appeals three republicans, murcowski, collins and graham all voted in favor. well see what they do this time. >> trace: david spunt live ...