4409 -- McCain admits Americans are the Enemy Belligerents

In Hamdi v. Rumsfeld, 542 U.S. 507 (2004), the Supreme Court reaffirmed the right of United States citizens to seek writs of habeas corpus even when declared enemy combatants. Now I see why they changed the term to enemy belligerents.

Overall, this bill seeks to create a new category of prisoner / detainee called the “Unprivileged Enemy Belligerent” and this bill specifically states that it can include American citizens.  The bill’s main points revolve around the creation of an inter-agency Executive Branch “Interrogation Team” whose criteria for selection is up to the President.  Furthermore, the “interrogation team” can be anyone who has an intelligence, law enforcement or military background and is based upon what type of information they want to learn from the detainee. 

This means the NSA, CIA, FBI, Military, DEA or even city and state police officers may be a part of the team.  This also allows for private contractors to be included on the interrogation team as the bill does not stipulate that the interrogators must be sworn officers or soldiers. 

Here's why:

"The privilege against self-incrimination is neither accorded to the passive resistant, nor the person who is ignorant of his rights, nor to one indifferent thereto. It is a fighting clause. Its benefits can be retained only by sustained combat. It can not be retained by attorney or solicitor. It is valid only when insisted upon by a belligerent claimant in person."
"The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. Once he testifies to part, he has waived his right and must on cross examination or otherwise, testify as to the whole transaction. He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus."
-- United States v. Johnson, 76 F. Supp. 538, 540 (District Court, M.D. PA. 1947)