Link to 1942 court finding regarding “enemy combatants” during World War II.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=317&invol=1Exerpts from court finging:
The following facts appear from the petitions or are stipulated. Except as noted they are undisputed.
“All the petitioners were born in Germany; all have lived in the United States. All returned to Germany between 1933 and 1941. All except petitioner Haupt are admittedly citizens of the German Reich, with which the United States is at war. Haupt came to this country with his parents when he was five years old; it is contended that he became a citizen of the United States by virtue of the naturalization of his parents during his minority and that he has not since lost his citizenship. The Government, however, takes the position that on attaining his majority he elected to maintain German allegiance and citizenship or in any case that he has by his conduct renounced or abandoned his United States citizenship. See Perkins v. Elg, 307 U.S. 325, 334 , 59 S.Ct. 884, 889; United States ex rel. Rojak v. Marshall, D.C., 34 F.2d 219; United States ex rel. Scimeca v. Husband, 2 Cir., 6 F.2d 957, 958; 8 U.S.C. 801, 8 U.S. C.A. 801, and compare 8 U.S.C. 808, 8 U.S.C.A. 808. For reasons presently to be stated we do not find it necessary to resolve these contentions. [317 U.S. 1, 21] After the declaration of war between the United States and the German Reich, petitioners received training at a sabotage school near Berlin, Germany, where they were instructed in the use of explosives and in methods of secret writing. Thereafter petitioners, with a German citizen, Dasch, proceeded from Germany to a seaport in Occupied France, where petitioners Burger, Heinck and Quirin, together with Dasch, boarded a German submarine which proceeded across the Atlantic to Amagansett Beach on Long Island, New York. The four were there landed from the submarine in the hours of darkness, on or about June 13, 1942, carrying with them a supply of explosives, fuses and incendiary and timing devices. While landing they wore German Marine Infantry uniforms or parts of uniforms. Immediately after landing they buried their uniforms and the other articles mentioned and proceeded in civilian dress to New York City.”
“The President, as President and Commander in Chief of the Army and Navy, by Order of July 2, 1942,2 appointed a Military Commission and directed it to try petitioners for offenses against the law of war and the Articles of War, and prescribed regulations for the procedure on the trial and for review of the record of the trial and of any judgment or sentence of the Commission. On the same day, by Proclamation,3 the President declared that 'all persons who are subjects, citizens or residents of any nation at war with the United States or who give obedience to or act under the direction of any such nation, [317 U.S. 1, 23] and who during time of war enter or attempt to enter the United States ... through coastal or boundary defenses, and are charged with committing or attempting or preparing to commit sabotage, espionage, hostile or warlike acts, or violations of the law of war, shall be subject to the law of war and to the jurisdiction of military tribunals'.”
Courts decision:
“(1) That the charges preferred against petitioners on which they are being tried by military commission appointed by the order of the President of July 2, 1942, allege an offense or offenses which the President is authorized to order tried before a military commission. (2) That the military commission was lawfully constituted. (3) That petitioners are held in lawful custody, for trial before the military commission, and have not shown cause for being discharged by writ of habeas corpus. The motions for leave to file petitions for writs of habeas corpus are denied. The orders of the District Court are affirmed. The mandates are directed to issue forthwith.”
Further news articles on the case of Jose Padilla..
http://www.cnn.com/2002/LAW/06/14/padilla.justice/index.htmland another…
http://www.cnn.com/2002/LAW/06/11/prisoner.status/index.htmlAs you can see from the above info, the Government believes it has precident on it's side...to a point. The Justice Dept. has also said publically that Padilla would be allowed access to an attourney, in order to discuss the applicability of the term "enemy combatant" to his case. The main danger I see in the whole issue is that there's no clear process in place in determining if the Government's declaration of "enemy combatant" is justified. It did not appear to answer this question in the court findings. Obviously the potential for abuse of such a broad power is high. Again, that's what the courts are for, and a free and unfettered media.
