Since they are not US citizens (Padilla was an exception) and were not caught by civilian authority (police) on US soil, they are not protected by the US Constitution nor by habeas corpus.
President Obama said to stop the trials.
President Obama is, simply, in over his head & out of his league regarding non-POWs in a wartime setting. He'd be a great guy to have at parties though.
Chief Justice John Roberts also vehemently disagreed with the majority opinion. "So who has won?" he wrote. "Not the detainees. The court's analysis leaves them with only the prospect of further litigation." Roberts went on to write, "and certainly not the American people, who today lose a bit more control over the conduct of this nation's foreign policy to unelected, politically unaccountable judges."
The SCotUS has overruled itself more than once. This ruling was based on political motives more than legal.
It's not over & if you're willing to turn over the rights of American citizens too those who are ready, willing & able to kill you, then it's too late for you anyway.
The SCotUS has overruled itself more than once. This ruling was based on political motives more than legal.
freaking news.com
What would we have tried saddam for, had he lived....3rd degree burglary?