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Can Trump Send American Citizens to Guantanamo Bay
CNN Politics.com ^ | December 3, 3016 | Laura Jarrett

Posted on 12/03/2016 8:13:34 AM PST by Beautiful_Gracious_Skies

If President-elect Donald Trump decides to make good on his campaign pledge to "load up" the prison camp in Guantanamo Bay, Cuba, with new domestic terror suspects caught in the US -- including American citizens -- legal experts say he is asking for an unprecedented constitutional showdown.

Voters first received a peek at Trump's stance on Guantanamo Bay back in 2015 when talking points on various policy questions were leaked ahead of a Republican debate. On the issue of whether he would close the detention facility, the memo stated: "No. I would also take away the passports of Americans who fight for ISIS and send them to Gitmo for some R&R."

On the campaign trail in February he railed against President Barack Obama's promise to close the facility -- vowing to fill it up with additional detainees. "This morning, I watched President Obama talking about Gitmo, right, Guantanamo Bay, which by the way, which by the way, we are keeping open. Which we are keeping open ... and we're gonna load it up with some bad dudes, believe me, we're gonna load it up," Trump told the crowd.

Trump went a step further in August, telling The Miami Herald he would be "fine" trying US citizens suspected of terrorism in military commissions.

Who can go to Guantanamo?

As the President-elect makes the transition from campaigning to governing, the real question will soon become: who exactly is even eligible for transfer to Guantanamo?

Legal experts on both sides of the political aisle agree that Trump's options are limited in light of the congressional authority currently available to detain someone....

(Excerpt) Read more at cnn.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Cuba; News/Current Events
KEYWORDS: cuba; gitmo; guantanamo; isis; prisoners; terrorism
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To: Logical me

it costs a fortune for each prisoner.

why are they being treated so well?

we could likely save tens or even hundreds of Millions by just using one bullet instead.


21 posted on 12/03/2016 8:25:20 AM PST by dp0622 (IThe only thing an upper crust conservative hates more than a liberal is a middle class conservative)
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To: Beautiful_Gracious_Skies

Alcatraz started out as a military prison during the Civil War. A perfect place for high security prisoners...


22 posted on 12/03/2016 8:26:00 AM PST by Sacajaweau
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To: Zathras

Great catch. The connection is to Valerie Jarrett, to bad she has offspring.

The rest of the article states it would be insurmountable to send terrorists caught on American soil to Gitmo.


23 posted on 12/03/2016 8:26:20 AM PST by Beautiful_Gracious_Skies ('45 will be the best ever.)
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To: Beautiful_Gracious_Skies

If there is suspected terrorism, I’d be hard pressed to find a reason why not.

Technically they would still be on U.S. territory.

They would simply be in prison awaiting trial.

I would not support them being there indefinitely without representation and trial though. Why?

The Democrats will come back to power at some point, and their judgement is such that they would arrest Conservatives on any old excuse and never allow them representation or a trial.

We have to be careful of doing things that will blow back on us later on.


24 posted on 12/03/2016 8:26:30 AM PST by DoughtyOne (jcon40, "Are we be coming into the age of Sanity?")
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To: Beautiful_Gracious_Skies

bacon flavor cat food and litter boxes.

no tv. nothing.


25 posted on 12/03/2016 8:28:16 AM PST by Eddie01
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To: Beautiful_Gracious_Skies

Start with George Soros!


26 posted on 12/03/2016 8:31:09 AM PST by FoundersRWatching (Make them Proud!!)
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To: Beautiful_Gracious_Skies

Did Trump say he was going to? No. Anyone on his staff say that? No. This is CNN propaganda, trolling for people to react. Do not help them out.


27 posted on 12/03/2016 8:32:00 AM PST by dblshot (I am John Galt.)
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To: Beautiful_Gracious_Skies

Great idea. Where do we send our nominations?


28 posted on 12/03/2016 8:32:40 AM PST by faithhopecharity ("Politicians are not born. They're excreted." Marcus Tullius Cicero)
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To: Alberta's Child

“...the concept of sending an ISIS-inspired, lone wolf attacker caught on US soil -
— to Guantanamo would almost certainly trigger an immediate legal challenge, since SCOTUS has never had an opportunity to address such a scenario.”

“But the prospect of lengthy litigation could undermine Trump’s own goals by inviting greater judicial scrutiny of the detainee program as a whole — not to mention the fact that he could lose a court fight and the suspect would walk.”

Above from the article, it’s not as easy as it seems


29 posted on 12/03/2016 8:35:25 AM PST by Beautiful_Gracious_Skies ('45 will be the best ever.)
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To: Beautiful_Gracious_Skies

if you are community organizer in Chicago who pays rioters to disrupt free speech events? You go to Guantanamo.

Cool Breeze!


30 posted on 12/03/2016 8:35:36 AM PST by Candor7 ( Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: Eddie01
Let's look at it from a different viewpoint.

During WWII, we permitted many Jews to come over....with restrictions.

They turned Fort Ontario into a community for them and they were supposed to return to their home country after the war.

And so....I propose we create a similar "refuge" for people immigrating from Muslim countries.

The base can have a special intelligence setup to aid us with discovery of these people....many who have no papers at all.

31 posted on 12/03/2016 8:36:50 AM PST by Sacajaweau
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To: Beautiful_Gracious_Skies

Trump speaks in generalities, in broad terms. I don’t think we know how he will execute his duties quite yet. It is like his saying that we will strip citizenship from those who burn the flag, or take away their freedom for a year in a prison. That cannot nor should it be done. He says it because he is reflecting the frustration of us with the American hating left and their rule of tyranny.


32 posted on 12/03/2016 8:41:03 AM PST by Glad2bnuts (If Republicans are not prepared to carry on the Revolution of 1776, prepare for a communist takeover)
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To: dblshot

I have not found where he specifically mentioned American citizens are eligible. The problem is that so many enemies have been ‘gifted’ American citizenship. Here’s what Trump said.

https://www.youtube.com/watch?v=j7dmMI3CtKI

Published on Feb 23, 2016
Republican presidential candidate Donald Trump says that the US should keep Guantanamo Bay detention facility open in Cuba and ‘load it up’ with some ‘bad dudes.’


33 posted on 12/03/2016 8:44:11 AM PST by Beautiful_Gracious_Skies ('45 will be the best ever.)
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To: Beautiful_Gracious_Skies

I dunno. Aren’t Marines American citizes? They get sent there all the time.


34 posted on 12/03/2016 8:45:02 AM PST by Cowboy Bob
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To: Sacajaweau

And I bet many of those from Ft. Ontario and their offspring became the hard core marxist leftists that we are fighting today.


35 posted on 12/03/2016 8:47:33 AM PST by Beautiful_Gracious_Skies ('45 will be the best ever.)
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To: Zathras

Daughter of Valerie Jarrett? aka
‘The Real first woman president’
Val has been awfully quiet lately. I’m sure she has her future already mapped out. Hopefully, she leaves the continent.


36 posted on 12/03/2016 8:48:05 AM PST by lee martell
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To: Beautiful_Gracious_Skies

Yes!

Next question?


37 posted on 12/03/2016 8:48:41 AM PST by Beagle8U (Long live Yoga Pants!)
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To: Beautiful_Gracious_Skies

I’d start with Wolf Blitzer and Rachel Maddow


38 posted on 12/03/2016 8:53:37 AM PST by pissant ((Deport 'em all))
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To: Beautiful_Gracious_Skies

Only the MSM would raise this question. Fake News


39 posted on 12/03/2016 8:55:29 AM PST by stocksthatgoup (Where's Hillary?)
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To: Beautiful_Gracious_Skies
Right. It's important to keep in mind why the U.S. government began sending captives to Gitmo in the first place. That arrangement was used because in the military campaigns in Afghanistan and Iraq, the U.S. was apprehending prisoners who did not fit any legal classification under U.S. or international law. If a Saudi national was captured in Afghanistan, or a Pakistani national was captured in Iraq, then there is no legal mechanism to process them. They are not covered under U.S. criminal statutes because they aren't U.S. citizens and haven't committed any crimes under U.S. jurisdiction, and they are not covered under international protocols for prisoners of war because they are not citizens of the countries where the U.S. was fighting the military campaign.

None of these factors applies to a case where a U.S. citizen is apprehended for acts of terrorism either here or abroad.

40 posted on 12/03/2016 8:56:18 AM PST by Alberta's Child ("Yo, bartender -- Jobu needs a refill!")
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