McCain, Lindsey Graham, et al, are clamoring to brand the young Boston suspect an "enemy combatant" stripped of all protections to which he is entitled to our (and his) Constitution and the Bill of Rights.
They might take not of the fact that even the amorphous and seemingly limitless definition of "enemy combatant" put forth by DOD's General Counsel (William Haynes, Esq) in a paper to the Council on Foreign Relations does not apply in this case.
"Enemy Combatant -- An “enemy combatant” is an individual who, under the laws and customs of war, may be detained for the duration of an armed conflict. In the current conflict with al Qaida and the Taliban, the term includes a member, agent, or associate of al Qaida or the Taliban." (emphasis added)
In all the maelstrom of leaks, rumors and accusations of the past 48 hours, has there been even one mention that this young man has ties to al Qaida (whatever that is) or the Taliban? Seems to me if DHS/FBI/DOJ wanted to use "Chechen" as a proxy for Taliban or al Qaida they would have mentioned it by now. (Certainly Ortiz might have been expected to pull that one out of her hat when she confirmed publicly that there would be no Miranda warnings prior to interrogation.)
So now we are beyond even the perimeter of the imperial DOD's official definition of "enemy combatant."