“Under detailed questioning by a federal judge, government lawyers asserted Wednesday [December 1, 2004] the U.S. military can hold foreigners indefinitely as enemy combatants at Guantanamo Bay, Cuba, even if they aided terrorists unintentionally and never fought the United States. Could a ‘little old lady in Switzerland’ who sent a check to an orphanage in Afghanistan be taken into custody if unbeknownst to her some of her donation was passed to al-Qaida terrorists? asked U.S. District Judge Joyce Hens Green. ‘She could,’ replied Deputy Associate Attorney General Brian Boyle. ‘Someone’s intention is clearly not a factor that would disable detention.’ It would be up to a newly established military review panel to decide whether to believe her and release her. Boyle said the military can pick any foreigner who provides support to terrorists or might know of their plans. And the foreigners held on the U.S. naval base in Cuba ‘have no constitutional rights enforceable in this court,’ Boyle told the judge.”
– “Government Argues for Holding Detainees,” MSNBC, Dec. 1, 2004