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To: Cboldt
It is an open question whether or not a US citizen enemy combatant taken in the US can be kept out of the civil court system, but the likely answer to that is "they cannot."

I think it depends on who you ask, and the conditions on the day you ask it. You're probably right, under the current situation of apparent order, at least on the surface.

1,526 posted on 03/18/2018 12:07:54 PM PDT by Pearls Before Swine ("Married with children.")
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To: Pearls Before Swine
See the Rumsfeld v. Padilla cases. When it was headed up to SCOTUS for review on the merits, Bush took Padilla out of the military justice system and mooted the case.

The Supreme Court Goes to War:Hamdi, Padilla, and Rasul

Moreover, although Justice Breyer provided the key fifth vote in favor of the authority to detain Hamdi, he also joined in full Justice Stevens's dissent in Padilla-where the majority ducked the merits of Padilla's detention on a technicality, holding that Padilla should have filed in South Carolina, rather than New York. In addition to dissenting on the procedural point, Justice Stevens emphasized that the dissenters "believe that the Non-Detention Act prohibits-and the [AUMF] does not authorize-the protracted, incommunicado detention of American citizens arrested in the United States." Along with Justice Breyer (who joined the dissent in Padilla) and Justice Scalia (whose dissent in Hamdi should have applied a fortiori to the merits of Padilla's detention), that meant that, on the merits, there were at least five votes for Padilla.

Such tea-leaf-reading may help to explain why, when Padilla's case came back to the Court, the Bush Administration mooted it by having Padilla indicted on criminal charges. ...

I seriously doubt Trump is going to invoke military tribunals against any of the perps in the soft coup attempt. Doing so is a substantial (maybe all CAPS would make the point properly_ hurdle, more than a loud distraction, but a real risk of being booted and also found, by the public, to be unreasonably heavy-handed. It would be a captial S stupid move.

1,534 posted on 03/18/2018 12:23:03 PM PDT by Cboldt
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