In the case of an American Citizen being caught on a foreign battlefield fighting for the enemy, I think that there is no question but that they can be treated as an enemy combatant.
This is where I have real difficulty, PM.
I agree that being part of the enemy force and being captured overseas is definitely a battlefield capture of an enemy combatant.
However, IF that citizen in that foreign fighting force becomes part of an infiltration team to attack the USA, they then enter America’s porous border, and they then attack America, then I’m still thinking that the guy is CLEARLY still a member of that foreign fighting force, and that his capture would be a battlefield capture. That is, UNLESS they were out of “uniform”, they could be tried as spies.
What do you think?