But according to Mr Barr it's too harsh on our non-citizen enemies but OK for the sons and daughters, fathers and brothers, sisters and mothers in uniform today and veterans past ?Good point.
From the Supreme Court case of the Germans that were caught in the United States:
UNITED STATES ex rel. QUIRIN v. COX, Brig. Gen., U.S.A., Provost Marshal of the Military District of Washington, and 6 other cases.
We cannot say that Congress in preparing the Fifth and Sixth Amendments intended to extend trial by jury to the cases of alien or citizen offenders against the law of war otherwise triable by military commission, while withholding it from members of our own armed forces charged with infractions of the Articles of War punishable by death. It is equally inadmissible to construe the Amendments- [317 U.S. 1, 45] whose primary purpose was to continue unimpaired presentment by grand jury and trial by petit jury in all those cases in which they had been customary-as either abolishing all trials by military tribunals, save those of the personnel of our own armed forces, or what in effect comes to the same thing, as imposing on all such tribunals the necessity of proceeding against unlawful enemy belligerents only on presentment and trial by jury. We conclude that the Fifth and Sixth Amendments did not restrict whatever authority was conferred by the Constitution to try offenses against the law of war by military commission, and that petitioners, charged with such an offense not required to be tried by jury at common law, were lawfully placed on trial by the Commission without a jury.
So in other words, the Supreme Court was saying, even though the 5th amendment doesn't say it, they (the Court) doesn't think it's fair to exempt our armed forces of the right to trial by jury (6th amendment) and not exempt the opposing enemy forces of that same (6th amendment) right.
I agree with that, though I wish we would amend the 5th amendment to state clearly that captured enemy forces are part of the exception stated within the 5th amendment.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The part I have in bold should be changed to say :
except in cases arising in the land or naval forces, or in the Militia, our own or those of our enemies, when in actual service in time of War or public danger;