According to the Military Commission Act signed back in 2006, our enemies are described as:

(i) has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its cobelligerents who is not a lawful enemy combatant (including a person who is part of the Taliban, al-Qaeda, or associated forces)

(ii) before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the president or the secretary of defense.

So what do you think about due process and some of these terror suspects being represented by American lawyers? This debate is a hot one.