"If there was no violation of the Constitution and the Sixth Amendment there would be no standing for a writ of Habaes Corpus in this case. " NO.
If there was no claim of a violatin of the Constitution and the Sixth Amendment there would be no standing for a writ of Habaes Corpus in this case.
He has the right to claim that he should not be held as a combatant. The court has the power to decide the worth of that claim.
If the military does not convince the judge that he is lawfully considered a combatant the judge will order that he be released; if they do he may be held until the Congressional authority is rescinded.
That is not only the proper Constitutional way to handle this- it is a dam* impressively fair one.
With all due respect. I am a former JAG Officer. The military is NOT charged with trying Americans in this case. Congress has NOT authorized the Military to do such and the President has NOT charged the military with doing such either. Matter of fact the President did the opposite. Even if this was the case under the UCMJ a detaniee has the right to counsel within 48 hours. There is no charge filed in any Military Tribunal nor is there any charge pending in any Military Tribunal. Whether the tribunal is lawfully or unlawfully conviened.
Show me where Congress or the President has charged the US Military with trying Americans arrested on US Soil as either Lawful or Unlawful belligerents?
"If there was no claim of a violatin of the Constitution and the Sixth Amendment there would be no standing for a writ of Habaes Corpus in this case."
What? If the claim did not have merit there would be no standing.