As usual, the ACLU misreads the Constitution, and sides with those who would attack America and murder Americans, instead of following the Constitution and protecting Americans and America. The latest example is the ACLU promotion of the interests of an Al Qaeda representative in the US.
The facts for this article, but not all of the legal conclusions, come from an article published in the Los Angeles Times on 5 December, 2008. It concerns an apparent representative of Al Qaeda in the US, who is an alien, but a legal resident in the US. On 5 December, the Supreme Court agreed to hear his case.
The ACLU is heavily involved in the case, since it represents the individual in question, Ali Saleh Kahlah Marri. The ACLU and the Times article both pose the question as to whether the President of the United States can "order the military to arrest and hold a civilian based on suspected terrorist ties."
The article says that President Bush did this by defining Marri as an "enemy combatant." This is the first of many errors in the article. The correct phrase is "illegal enemy combatant." The Geneva Conventions, like the Hague Conventions before them, defined illegal combatants as those who are not in organized units, do not wear uniforms, do not carry weapons openly, and hide among the civilian populations.
Illegal enemy combatants were excluded from the protections of those Conventions, and under the Law of War, could be summarily tried before military tribunals and executed. Witness the trials and executions of the American Colonel Nathan Hale by the British, and of the British Major John Andre by the Americans.