Legal Question in Federal Tort Claims in Virginia

Enemy combatants

If the enemy combatants/Gitmo detainees are secured on U.S. soil are they then subject to the U.S. legal system i.e., they must be charged, they will be read the Miranda Rights and they are provided with legal council to include appeals? Are they granted this by virtue of being on U.S. Soil or what is the determining factor?

Asked on 1/23/09, 11:43 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Enemy combatants

Yes, those detainees who are charged in federal court must have counsel appointed to represent them, and if they are convicted after trial, they would also be entitled to appeal their adverse verdicts.

And, no, there is more involved here than merely being on U.S. soil since there are some detainees who will also continue to be considered dangerous enemy combatants and who will likely never be tried in U.S. courts for a variety of reasons even though they may remain in continuous detention indefintely on U.S. soil.

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1/23/09, 8:50 pm

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