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The presumption of innocence still applies, confession or no. The only thing that can end that presumption is due process. And since he was unarmed, outnumbered, and cornered, in what material way was he resisting his arrest? What could he conceivably have done to stop his arrest? Further, it has been admitted that the order was not to capture but to kill - he couldn't capture because no capture was attempted.
There is no such thing as an "enemy combatant" - you are either a civilian or a soldier. George Bush made up enemy combatants as a category of prisoner that had no legally protected rights whatsoever. When we start playing by George Bush's made up, bullshit rules, we're fucked. In the deepest possible way, we're fucked.
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