The Role of the Rule of Law in the War on Terror

In the case of my client, Mr. Khan, we were able to negotiate a guilty plea whereby he agreed to enter his plea pursuant to a long stipulation of fact. The Supreme Court has held that in an ongoing conflict, the United States can hold enemy combatants for the duration of the conflict. If we have the ability to kill an enemy on the battlefield, is it not more humane to actually capture them and detain them, even though that detention may be indefinite? It simply doesn't make sense to me.

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