Adam Schiff: Will follow-up on issues we’ve discussed earlier about DNA evidence in AZ. Had the opportunity to review your speech, like to follow up. Made several efforts to get Congress and Administration working together on detainee policy. You make a point that people at Gitmo should be charged or released. The issue that that raises if you don’t charge people at Gitmo, what is their status? What legal rights attach? One argument I’ve been making with DOD and DOJ to adapt UCMJ, couldn’t we establish a baseline offense of being an unlawful enemy combatant?

MM: I guess we could. The people who are detained are people who fit classic definition of enemy combatant. We detained thousands of prisoners of war who were legitimate, not one of them were permitted to file habeas petition.

It is earth-shattering. A criminalization of being an enemy in combat? Together with the underlying assumption that this new type of criminal is universally beyond habeas corpus? Besides, Mukasey is flat out lying that all Gitmo prisoners were picked up on the battlefield or in direct support to combat. And al-Marri is currently considered an enemy combatant, the battlefield extends to suburban neighborhoods in Peoria?

Making it a federal offense to be an enemy of the U.S. in combat is so totally at odds with all of the Geneva Conventions as to be totally weird. Having a federal crime that puts the accused beyond habeas corpus is weirder. Especially when the designation “enemy combatant” is the assignation of the President. That’s true Charles I stuff.

Since Marcy is live-blogging it probably would be helpful if one of us called in the question and any others we feel have been missed.

Would you be willing to do it?

LHP, bmaz WO, EOH anyone…got questions that you want to try and get asked?

I just saw your response… sorry. I would have been happy to call Brian if I’d seen the request and known exactly what to ask.

Seems like Mr. Davis has his hands on the Siegelman case. Great question, although I’d like to know more to understand it thoroughly.

Thanks Marcy! As always, good job.

>>MM: All of them are aliens caught abroad in combat with US troops. Or supporting those in combat with the US.