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To: Jack Black; bagster
The laws regarding use of military tribunals, which people keep claiming can be used to try American citizens willy-nilly, but which the rules for are quite clear can not be (I have previously posted the actual laws, and won't do so again here, it's easy enough to find)

Not willy-nilly - Feds have to jump thru hoops to get a U.S. Citizen declared an enemy combatant, but I'm guessing it can be done and I'm guessing it would be a last resort. (Shoe Bomber Richard Reid didn't make the cut as an enemy combatant and the Feds didn't even try)

Hamdi vs. Rumsfeld - SCOTUS - 2004

https://www.oyez.org/cases/2003/03-6696

basically ruled that Fifth Amendment due process guarantees give a citizen held in the United States as an enemy combatant the right to contest that detention before a neutral decisionmaker.
1,661 posted on 08/10/2019 2:33:12 PM PDT by stylin19a (2016 - Best.Election.Of.All.Times.Ever.In.The.History.Of.Ever)
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To: stylin19a

Kavanaugh was asked about that while the questioned him before the SCOTUS vote; I believe Lindsey Graham in particular.


1,689 posted on 08/10/2019 3:01:51 PM PDT by little jeremiah (When we do not punish evildoers we are ripping the foundations of justice from future generations.)
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To: stylin19a
Feds have to jump thru hoops to get a U.S. Citizen declared an enemy combatant

Perhaps the troll will see this, anyway there is NO category in the Law of Armed Conflict (LOAC) for 'enemy combatant'. There is only 'legal' 'illegal' and 'non-combatant'. Non-combatant should be self explanatory. So we are left with 'legal' and 'illegal'. Legal combatants have state sanction, illegal don't. Everyone engaged in hostilities who doesn't have a state ready to affirm their actions is an illegal combatant. Doesn't matter their origin or national status, no state sponsorship and the accoutrements thereof are participating 'ILLEGALLY'. They can be killed in battle captured and dealt with as the victor sees fit.

Note: The website for LOAC provided by me and in the lexicon has been altered to obscure this fact. The DoDD Inst linked in the 'new' site says nothing. I will look at the refs from that and get back. Apparently the derps have decided that due to the best efforts of the man of soi to assist him in the lie that USCs cannot be tried by tribunals. Not so. FDR had USCs hanged in WWII after their plot unraveled.

1,880 posted on 08/10/2019 7:51:31 PM PDT by xone
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