Just like criminal law and civil law are quite different, laws applicable to war are different. We are in a war and the battlefield is main street and wall street. The USSC has held that a citizen can be tried by military tribunal for an act of war against the U.S. I believe they will also concur that any person engaged in such conduct is also not protected by other due process.
If we have a citizen, an alien, or an illegal – on U.S. ground – suspected of aiding, abetting or executing an act of war against this country then no, I agree with the USSC and absolutely do NOT extend constitutional rights to them, nor a need for a grand jury, probable cause, discovery or appeal. In my view, they have forfeited the right to due process by acting violently against the entire body of citizens.
I’m not afraid of these new laws. If the legal tools of war are abused, they will be partially overturned in federal court – as they have been in the past.
And, as in the past, the USSC will come down in favor of due process for a citizen or legal alien not engaged in an act of war - even a very disgruntled citizen who resents government at all.