From ruling: "We cannot accept the government’s argument. We know of no instance—in the history of the United States—in which the government has taken an American citizen found in one foreign country and forcibly transferred her to the custody of another foreign country"
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And, the court adds, enemy combatants captured on an overseas battlefield are one thing -- "But when an alleged enemy combatant—even one seized on a foreign battlefield—is an American citizen, things are different."
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While American citizens can be classified as "enemy combatants," government has to show legal authority for war and detainee must have chance to contest that he fights for enemy-- "Neither the legal inquiry nor the factual inquiry has taken place in this case," court says.
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