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U.S. Says Terrorism Net Must Be Wide
Even a 'little old lady in Switzerland' who gave money unwittingly to extremists could end up in Guantanamo, judge is told by a federal official.

WASHINGTON — Under detailed questioning by a federal judge, government lawyers asserted Wednesday that the U.S. military could 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 Qaeda terrorists? asked U.S. District Judge Joyce Hens Green.

"She could," replied Deputy Associate Atty. Gen. 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 could pick any foreigner who provided 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. ...

...Green asked if a hypothetical resident of England who taught English to the son of an Al Qaeda leader could be detained. Boyle said he could because "Al Qaeda could be trying to learn English to stage attacks there," and he compared that aid to "those shipping bullets to the front." Some detainees have been picked up in Bosnia and others in Africa.

Noting the Supreme Court said detention was to keep combatants from returning to the battlefield, Green asked: "What and where is the battlefield the U.S. military is trying to detain the prisoners from returning to? Africa? London?"

Boyle: "The conflict with Al Qaeda has a global reach."