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Okay - found some relevant comments to the Gitmo hiring.

Mine:

NOTE: Under Section 948a of the U.S. Code, a person who has engaged in or materially and purposefully supported hostilities against the U.S. or its allies in war or who is a member of al Qaeda is an unprivileged enemy belligerent.
That seems as though this could include any of the American nationality traitors, and if does not include US citizens, certainly can include obola since he is not a US citizen. I wish this discussion was on the new thread; do you know any legal minds to bring to this?

Cboldt's: (which I am seeing for the first time now)

http://www.freerepublic.com/focus/chat/3758265/posts?page=1738#1738

See generally 10 USC Chapter 47, Subchapter I.

This section of federal law sets up "the use of military commissions to try alien unprivileged enemy belligerents for violations of the law of war and other offenses triable by military commission." See 10 USC 948b and 10 USC 948C.

Technically, "military commission" is a particular venue. it is not the same as trials by courts martial, even though common vernacular may conflate ALL military trials as being under a military commission.

There are significant barriers (or at the least, considerable uncertainty) to the trial of non-combatants, especially citizens, in any court other than a title III court, the usual federal courts. Wiki summary of Hamdan v., Rumsfeld provides a reasonably accurate summary view of this line of case. The issue remains unsettled by SCOTUS, as GWB removed Hamdan from the military-track venue before SCOTUS had a chance to weigh in.