I think I see a problem with the reasoning on the very first page (second para.):
> The President has authority to respond to the imminent threat posed by al-Qa'ida and its associated forces, arising from his constitutional responsibility to protect the country, the inherent right of the United States to national self defense under international law, Congress's authorization of the use of all necessary and appropriate military force against this enemy, and the existence of an armed conflict with al-Qa'ida under international law. (emphasis mine.) <
An armed conflict under international law is a war; and war is a power of nation states, not non-governmental actors (NGAs) no matter how violent. Not very many years ago the US began imprisoning non-Citizens on the justification that al Qaida (an NGA) was ineligible for protection by the Geneva, Hague, and other conventions, and as such the prisoners were neither criminal nor military defendants but prisoners of the President.
Now they are arguing that war does exist, permitting the US government to act violently against a US Citizen despite the Constitutional prohibition against punishment without trial. The administration's actions are inconsistent: despite a state of war now supposedly existing, prisoners of war still are not afforded the rights guaranteed to PoWs; despite the writ of habeas corpus not being suspended, US Citizens may be summarily executed at the order of the President.
> The President has authority to respond to the imminent threat posed by al-Qa'ida and its associated forces, arising from his constitutional responsibility to protect the country, the inherent right of the United States to national self defense under international law, Congress's authorization of the use of all necessary and appropriate military force against this enemy, and the existence of an armed conflict with al-Qa'ida under international law. (emphasis mine.) <
An armed conflict under international law is a war; and war is a power of nation states, not non-governmental actors (NGAs) no matter how violent. Not very many years ago the US began imprisoning non-Citizens on the justification that al Qaida (an NGA) was ineligible for protection by the Geneva, Hague, and other conventions, and as such the prisoners were neither criminal nor military defendants but prisoners of the President.
Now they are arguing that war does exist, permitting the US government to act violently against a US Citizen despite the Constitutional prohibition against punishment without trial. The administration's actions are inconsistent: despite a state of war now supposedly existing, prisoners of war still are not afforded the rights guaranteed to PoWs; despite the writ of habeas corpus not being suspended, US Citizens may be summarily executed at the order of the President.