The key point I see of concern is:
A U.S. resident cannot be detained indefinitely without charge under the Military Commissions Act, a divided federal appeals court ruled Monday in a decision that could be a blow to the Bush administration's strategy for fighting the war on terror.
This ruling applies to a US Resident.
That is an extension from simply a US Citizen and I think that is reasonable.
But there are many, many questions still remaining.
Can a Non-resident be detained indefinitely without charge?
Ali al-Marri was arrested in December of 2001. He has been in solitary confinement since June of 2003. It is now June of 2007 and he still has not been charged with anything.
Further, the Military Commissions Act which is what the Administration was using to justify their behavior, was not even passed until last year.
These are questions that really need to be debated.
Consider.
The US is using lots of contract labor all over the world. Because we have stretched the military so far, we have been offloading many of the old military functions to civilian agencies. Under the current rules they do not qualify as legal combatants.
So what status would the contract labor that the US hires and emplaces in places such as Afghanistan and Iraq? Are they a legitimate military target or civilian infrastructure? If they respond to an attack or perceived threat, are they terrorists, mercenaries, legal combatant?
If a US citizen or resident that simply provided information, funding or counsel to those the US designates as enemies (Al Quaida) is chargeable, should a US Citizen who provided active support to US forces in Iraq be charged similarly in an Iraqi Court as a Terrorist?
Aslan is not a
Tame Lion