Topic: Enemy Combatants

Saifullo Saipov was quickly charged in federal court, effectively removing the possibility of him being sent to the military prison at Guantanamo Bay. President Trump expressed frustration with the current justice system, calling it a "laughingstock" and suggesting military detention. Legal experts note that no person arrested on American soil has ever been transferred to Gitmo, as it would face immediate constitutional challenges.

Former Attorney General Alberto Gonzales discussed the legal challenges of designating American citizens as enemy combatants for the purpose of drone strikes. Gonzales noted that while the Bush administration did not target citizens, the current administration is testing the boundaries of executive power and Supreme Court precedents. The discussion emphasizes that these protocols are handled entirely within the executive branch, bypassing traditional judicial oversight.

The legal term "Non-International Armed Conflict" (NIAC) is identified as the justification for using military force against citizens labeled as enemy combatants. The discussion suggests that the American public has been conditioned by television to accept vigilantism and extrajudicial killings. This cultural shift is blamed for the lack of outrage over the bypass of the judicial system.

In a "60 Minutes" interview, Defense Secretary Leon Panetta discusses the government's authority to target U.S. citizens with drones. Panetta's circular logic—defining a terrorist as someone who is a terrorist "in his book"—is criticized by the hosts as a dangerous expansion of executive power.

The hosts analyze Panetta's claims regarding due process for "citizen terrorists," noting that such individuals would be tried in military rather than civilian courts. They discuss the "Expatriation Act" and the legal definition of the United States as a "battlefield" in the war on terror.

The hosts critique Rick Santorum's aggressive stance on Iran, where he suggests that foreign nuclear scientists working there should be treated as "enemy combatants" and assassinated. They point out that the recently killed scientist was Iranian, not foreign, and label Santorum's rhetoric as "bloodthirsty" and potentially "programmed."

Newt Gingrich and Mitt Romney defended the president's authority to order the death of American citizens suspected of terrorism without due process. Gingrich argued that "waging war" against the US places an individual outside criminal law. The hosts argue that the Patriot Act has effectively suspended constitutional rights for those designated as "enemy combatants."

CNN's Wolf Blitzer is accused of "railroading" Congresswoman Jane Harman during a debate over whether the Christmas Day "crotch bomber" should be tried in civilian or military court. The hosts note Blitzer's use of a public opinion poll to silence Harman's defense of the civilian justice system. They suggest this media narrative is a setup for the further militarization of domestic law enforcement.

A Supreme Court ruling involving four British former Guantanamo Bay prisoners effectively determines that individuals deemed enemy combatants are not "persons" under U.S. law. This legal status removes protections against torture and due process, drawing comparisons to the science fiction film Gattaca.