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(1) for an attack against America, its citizens, US military personnel or facilities;
(2) their potential intelligence value;
(3) membership in or affiliation with Al Qaeda; and
(4) "such other matters as the President considers appropriate."
Pending final determination, detainees "shall be treated as unprivileged enemy belligerent(s)," defined as:
"An individual, including a citizen of the United States (to) be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities."
An "unprivileged enemy belligerent" means anyone (with or without evidence) suspected of "engag(ing) in (or materially supporting) hostilities against the United States or its coalition partners," including alleged Al Qaeda members.
Raised Concerns
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