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Congress, through the AUMF, gave the President a clear statute to go around FISA.  In fact the FISA legislation spells this out clearly.  Further, it has been held at the district court level that actions undertaken such as this do not constitute a violation of the 4th amendment. 


Of course, after the NSA controversy, Congress (both D and R) came back to pass a bill that enabled this practice to go on.




Of course you blatantly ignore the POW/Detainee distinction.  You also blatantly ignore that American POW's captured by these groups get no good treatment. 


Further, I would have a problem with American "POW's" being treated poorly in a state vs state conflict.  I would also have a problem with the United States treating POW's in a manner inconsistent with the Geneva Conventions.  However, these detainees are not POW's.  The Geneva Conventions does not apply to organizations such as this... they do not apply to us, nor should we apply it to them, especially in a state vs non-state actor conflict such as this.


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