Everybody's talking about the 4th Circuit's Al-Marri v. Wright decision. Orin Kerr proposes a hypothetical situation to try to clarify the issues. My question is this: If Moslem terrorists - who view themselves as combatants - aren't combatants, then what the heck are they? Do we need a new category? If we need a new category, may I propose one? Let's call it "Jihadists," and make the laws which would apply. Waiting until after they kill people seems lame to me, as it did to Lincoln and to FDR.
And besides, how do you arrest a successful suicide bomber anyway?