What about what Kavanaugh said in response to Sen Graham’s questioning?
https://steemit.com/news/@dailystorm/military-tribunals-commissioned-to-prosecute-traitors-in-the-us
Supreme Court nominee Brett Kavanaugh described the difference between military law and criminal law during his confirmation hearing, in response to questions from Republican Senator Lindsey Graham.
“American citizens who collaborate with the enemy are considered enemy combatants?” Graham asked. “They can be. They are sometimes criminally prosecuted, sometimes treated in the military, under supreme court precedent,” Judge Kavanaugh replied.
“There is a supreme court decision that said that American citizens that collaborated with Nazi saboteurs were tried by the military. I think a couple of them were executed,” Graham said. “If anybody doubts, there is a long standing history in this country that your constitutional rights follow you wherever you go, but you don’t have a constitutional right to turn on your own government and collaborate with the enemy of the nation, you will be treated differently,” Graham concluded. Kavanaugh agreed.
Numerous crimes in the UCMJ carry the death penalty, including aiding the enemy, mutiny or sedition, spying for the enemy and espionage.
“Any person who aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or without proper authority, knowingly harbors or protects or gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct.”
“A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by death or such other punishment as a court-martial may direct.”
CSPAN 4 minute clip of the exchange:
https://www.c-span.org/video/?c4747307/user-clip-sen-graham-asks-military-tribunals
User Clip: Sen Graham asks about Military Tribunals
USER-CREATED CLIP
SEPTEMBER 5, 2018Lindsay Graham asks Kavanaugh about 9/11 and the Law of Armed Conflict.
Great post.
Now I know what to ask Santa for.
I would say that Graham and the Honorable Kavanaugh took the LOAC class before the terminology change. Enemy combatants work for a state actor. A US citizen can’t be one in US custody especially if the US is a party. Unlawful/Illegal/Non-Privileged are all they can be because there is no right to fight against the US if you are a citizen.