what about enemy combatants at somewhere like Gitmo? is that on US Soil for purposes of this reasoning? Are they protected?
I believe Gitmo is considered US soil is it not, even though it’s in Cuba? If so, I would answer your question “Yes, they enjoy the protections of the Bill of Rights while imprisoned at Gitmo”. This is why, speaking for myself here, I always thought it was foolish to transport them to the continental US for a “fair trial”. They are already on US soil, try them there if “you” (meaning the Federal government) wants. This is why they didn’t though.
The Feds (the whole alphabet soup here in conjunction with the military) never had any intention of trying them fairly. Which is why eventually they weren’t moved I suspect. To seperate them as much as possible from the legal system.
Which is fine by me if that’s their intention, just be honest about it is all I say.
They never should have been transported to Guantanamo Bay to begin with in other words. They should have been kept overseas, transported off base as soon as possible and held in some Pakistani hell hole while “interrogation” took place. Then they’d know the meaning of the word “torture” too. Regardless though, there wouldn’t be any legal issues, at least as far as even the Founders would be concerned (not that they could have even imagined such an inhuman type of person but still, such an action would have been in the true intent of the Founders and the Bill of Rights).
It’s not too late. We are starting to warm up to Saudi Arabia again. Ship em off there and dunk em all you want. Problem solved. At least legally speaking.