When the FBI Comes Calling…®

When the FBI Comes Calling…^®

You might be held as an enemy combatant.

In times of hostilities the President has the authority to detain individuals who pose immediate threats to the security of the nation. These detainees may be considered under the Geneva Conventions as either lawful or unlawful combatants, but either classification entitles them to certain rights. According to the Supreme Court (Al Odah v. United States), all detainees are entitled in the Geneva Conventions to a certain form of due process, allowing them to challenge their combatant status in federal court. In this process, the detainee is detailed a military defense attorney, though they have the right to hire qualified civilian defense counsel at their own expense.

Should the court reaffirm one's combatant status, detention is not indefinite. The detainee may be held in military captivity for the extent of hostilities -though the length of the so-called "War on Terrorism" is to date not well defined.

Although it is today yet untested, it appears that such detention may result in a quasi-criminal proceeding called a Military Commission. The concept of such tribunals is not new, but the specific rules codified by the Department of Defense for these are new and have faced substantial opposition for their inherent iniquity.