an agent of a foreign power or enemy combatant? assassins in this country operating out of loyalty to foreign masters. lee harvey os wald was in love with castro, sir han sir han hated bobby kennedy s policy. where do you draw the line saying that person is an agent and that person is not. how do you know? that s why you can t have a unilateral decision made by the department of justice which is what you had in this case. clearly the justice department is a critical player, but so is the director of national sbenls, homeland security, the cia, the discrepancy. so what you do is a consultation with all those parties so you find out what information do they have in intelligence files that might well affect the decision on where the person should be detained and