He's criminal only if he's convicted.

First R to do that was Lincoln.

Bush signed the Military Commision Act in '06 after it was approved in the Senate by a vote of 65-34. This act removed the habeas corpus rights for enemy combatants.

They now have to be read their Miranda rights rather than just shooting them and sorting out the legality of their right to kill Americans at a later date.

So you admit the The GOP has a long history of trampling rights.
Good to know. And as the law is written, despite how you might sell it, "Enemy Combatant" could very well mean YOU, for those bombs you're making in your garage.

'What bomb?', you say?

Well that can of gasoline, that empty bottle, and that old rag.

Bomb Making Materials.

Yeah, not such a swell idea now, is it?