To: Alberta's Child
“...the concept of sending an ISIS-inspired, lone wolf attacker caught on US soil -
— to Guantanamo would almost certainly trigger an immediate legal challenge, since SCOTUS has never had an opportunity to address such a scenario.”
“But the prospect of lengthy litigation could undermine Trump’s own goals by inviting greater judicial scrutiny of the detainee program as a whole — not to mention the fact that he could lose a court fight and the suspect would walk.”
Above from the article, it’s not as easy as it seems
To: Beautiful_Gracious_Skies
Right. It's important to keep in mind why the U.S. government began sending captives to Gitmo in the first place. That arrangement was used because in the military campaigns in Afghanistan and Iraq, the U.S. was apprehending prisoners who did not fit any legal classification under U.S. or international law. If a Saudi national was captured in Afghanistan, or a Pakistani national was captured in Iraq, then there is no legal mechanism to process them. They are not covered under U.S. criminal statutes because they aren't U.S. citizens and haven't committed any crimes under U.S. jurisdiction, and they are not covered under international protocols for prisoners of war because they are not citizens of the countries where the U.S. was fighting the military campaign.
None of these factors applies to a case where a U.S. citizen is apprehended for acts of terrorism either here or abroad.
40 posted on
12/03/2016 8:56:18 AM PST by
Alberta's Child
("Yo, bartender -- Jobu needs a refill!")
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