[defconw]

See 1408. I have trouble posting links and commenting in same post. US citizens can be classified as Enemy Combatants. I think this law still stands. I have not had to Shepardize it.

[RoosterRedux]

Yes. Excellent. Thx for that link.

[Cboldt]

-- US citizens can be classified as Enemy Combatants. --

Hamdi v. Rumsfeld, 542 U.S. 507 (2004), settled that. Yes, they can. But Hamdi was taken from battle in Afghanistan.

I don't recall the set of cases for a US citizen enemy combatant taken in the US. IIRC, that one was kept out of SCOTUS by shifting the defendant to civilian court before SCOTUS heard arguments.

For the hypothetical set of cases involving the attempted coup against the results of the election, I think using the civilian courts is a better approach. No need to hide evidence, the action wasn;t strictly a military/force of violence action, etc. Taking it to military courts would insert a substantial issue to object to.

[Cboldt]

-- US citizens can be classified as Enemy Combatants. --

Hamdi v. Rumsfeld, 542 U.S. 507 (2004), settled that. Yes, they can. But Hamdi was taken from battle in Afghanistan.

I don't recall the set of cases for a US citizen enemy combatant taken in the US. IIRC, that one was kept out of SCOTUS by shifting the defendant to civilian court before SCOTUS heard arguments.

Looked it up ... Jose Padilla

[little jeremiah]

“Sheparsize”?