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?
mea culpa!
If the
military Executive Branch 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a combatant the judge will order that he be released; if they do he may be held until the Congressional authority is rescinded.
My point stands- he is getting his H_C rights. Didn't you claim he wasn't? Forgive me if I misunderstood- that certainly seemed to be your point.
If we are finished with that, as a JAG vet, you could tell every one here what Constitutional rights an unlawful combatant has.
That's going to be a matter of interest very soon.