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.
Thank You! But would the threat of military tribunals not drain the very blood from them. Stick them in Gitmo to cool off! LOL! :)
Our thoughts range along these lines:
1. The CONSTITUTIONAL rights of the babies and toddlers tortured, raped and hacked to pieces in satanic ceremonies were not the least bit protected. And on that score, an eye for an eye and a tooth for a tooth is the least we can administer in the victims' behalf.
2. Precedent? How much good has precedent served to protect us from the globalist tyranny; destructions of the Constitution; control of the media; conquest of academia; conquest of Hollyweed; Monopolistic globalist Inc. etc. etc. etc.??? Roughly 0.0%
3. OThuga did jolly well whatever he wanted and bragged about it. Ditto Dilldo Klintoon & Shrillery. Neither precedent, The Constitution, morality, public opinion nor anything else even slowed their tyranny, communism & globalist tyranny down hardly even in the slightest.
4. Godly leadership--even sane, civil, morally honorable leadership--is crucial to administer justice and fitting mercy regardless of precedent and/or the Constitution. NOTHING less will do. NOTHING less is safe. NOTHING less is functionally going to protect the citizens, victims, The Constitution, society, freedom etc.
5. Yeah, we are not thrilled at the necessity to declare a national emergency or martial law. Yes, they can be horribly abused.
6. Little to none of the 'horribly abused' potentials of even martial law are likely to come close to the tyranny that Shrillery would have implemented with great harsh vengeance and globalist depopulation genocide in her eager rush to utterly wholesale trash The Constitution; our way of life; Christianity; freedoms etc. etc. etc.
7. The rule of law like the rule of God in our hearts can be a fragile--too often even fickle--thing to observe and/or experience. Both require constant earnest choosing, practice, discipline and dogged diligence. Both require internal and external self and 'other' awareness as well as fitting, honorable watchfulness for one another's welfare.
8. "The letter of the law brings death." The Scripture declares. Anarchy brings death. Tyranny is certainly the law grown fat, cold, steel teethed harsh on the blood & goals of hell.
9. The Spirit brings life and liberty. Only where Holy Spirit leads in the lives of individuals and in the public square of communities and in families does freedom remain secure, a blessing, productive, safe, and relatively stable.
10. On balance ... and at the bottom line in the current context of this growing, budding intermission on our greased slide to Armageddon and hell ... Sock it to em. The evil doers deserve every shred of vengeance, wealth confiscation--even brutal punishment and death the body politic and our more honorable leaders decide is fitting to administer.
11. Yeah, it is very fitting and important to resist becoming what we despise in our punishments of evil doers. All hearts "are deceitfully wicked" as the Scriptures affirm. We'd best check our hearts and our mirrors religiously in such proceedings.
12. Nevertheless, we are not overly prissy about nor overly concerned about insuring every "T" is crossed & "i" dotted in all respects--though we do well to try and be scrupulous about most such aspects of our proceedings to administer justice to horrific evil doers in the current contexts as much as is manageable and at all sensible and fitting.
13. We believe that it is far MORE important to make an emphatic and very painfully public statement about our hostility toward and intolerance of such horrific corruption, child sex abuse, human trafficking, treason and frankly hell-born excesses of an extremely arrogant elite. Let every last one of them awaken shivering and full of fright in the night from the mere thought that they might be next.
14. Let us model personal insight and particularly HUMILITY in all such proceedings. But let us not flinch from administering the most harsh, stern and emphatic punishments ever dished out by any authorized leaders of our Republic. The worst we might do--even in excess--is far less than the evil doers have rampantly, excessively, lavishly, callously dished out to their victims, to our Republic; to our Constitution and our way of life.