[lepton]

If we're determining in advance that Joe Resident Alien is indeed a combatant, then why bother with a trial at all? What would be the point in having a trial for someone whom we've already declared guilty?

That's not what the trials are for. Despite how people are reading what the M.O. says, those charged could still file a claim that they are not subject to the Military Tribunals by virtue of some law, as the German men during WWII did, and have standing otherwise, which claim would be addressed by the appropriate court. The trials are to determine if war-crimes were committed. War-crimes, like committing or being part of espionage and Acts of War without being in uniform.

[Sandy]

I'd like to say, "We'll see." But, seeing as this is all going to be conducted in secret, I guess we won't see.