My point stands. Certainly a citizen can be declared an enemy combatant. However, that person is not subject to prosecution by military commission as clearly shown by section 948C. of the ACT. entitled; Persons Subject To Military Commissions. it states. "Any ALIEN unlawful combatant is subject to trial by military commission under this chapter." A citizen is not an alien and therefore not subject to the commission and therefore does not relinquish rights to habeas corpus, which was the point of my original post. I think I'll choose to believe what the act actually says rather than what Kieth Olberman would like you to believe it says.