Short Answer… Groin Bomber

Short answer:

The passenger is not being treated as a POW because he is not being tried for a war crime.  The Bill of Rights applies to the whole of the American system of government and justice.  Whether he is a citizen or not, he is being tried under American law, which means that he is entitled to certain protections including a presumption of innocence.  Anytime that you start willy-nilly doing away with core principles of the United States justice system just because you don’t like the accused criminal or the alleged crime is a huge problem in my opinion.  I applaud the treatment of this case thus far.

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