According to the government, he was plotting, in collusion with al Qaeda, to detonate a "dirty bomb" in the US. By designating him an "enemy combatant" the government has, in effect, reversed the presumption of innocence, and is holding a U.S. citizen without any substantive judicial review of the evidence against him.

Restrictions on personal liberty should be based on credible evidence, at least some of which should be made public. As described by various U.S. government officials, al Muhajir is now in military custody and may be held indefinitely without being formally charged or put on trial. His detention constitutes a form of punishment, which is being carried out without adequate procedural protections.

The U.S. Government should make clear what its criteria are for deciding whether or not a detainee will be treated as an 'enemy combatant.'

As the U.S. government carries out its global war against terrorism it is vital that it develop and follow procedures that are fair and seen to be fair in the U.S., and around the world.