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thedrifter
02-12-09, 08:25 AM
The Realities of War Mean Detaining Our Enemies
[Gregory S. McNeal]


Solicitor General nominee Elena Kagan, in her confirmation hearing Monday, reinforced Attorney General Eric Holder's position on enemy combatants. Here is an excerpt from the exchange between Kagan and Sen. Lindsey Graham. as reported by the Los Angeles Times:

"Do you believe we are at war?" Graham asked.

"I do, Senator," Kagan replied.

Graham cited the example of someone who is not carrying a gun or fighting on a battlefield. "If our intelligence agencies should capture someone in the Philippines that is suspected of financing Al Qaeda worldwide, would you consider that person part of the battlefield?" he asked. He added that he had asked the same question of Holder, who replied that he agreed that person was on the battlefield.

"Do you agree with that?" the senator said.

"I do," Kagan replied.

Graham said that under the law of war, the government can say, "If you're part of the enemy force, there is no requirement to let them go back to the war and kill our troops. Do you agree that makes sense?"

Kagan replied, "I think it makes sense, and I think you're correct that that is the law."

Of course, this is nothing new. We've all known since the 2004 Hamdi decision that detention of enemy combatants is lawful. That realization seems to finally be hitting the Left.

Ellie