In article ,
"HeyBub" wrote:


but treason is a criminal offense, you were very clear on that point,
so the President has no say in the matter


Well, no say in the "treason" business, but the president could designate
the individual an "unlawful enemy combatant" and send him to Guantanamo or
the brig in Charleston where the U.S. Attorney would be barred from access.

I seriously doubt that the powers of the president include deciding whom to name
as unlawful enemy combatants and in any event in the time frame we are talking
about, no such term existed


All of your "irrelevant"s have been corrected by my revision. I'm
sorry I upset you.


Your revision doesn't change the fact that no American Citizen was
charged or tried for acts of treason during the war


How many times do I have to say I misspoke? At least five were convicted,
after the war, of treason for acts COMMITTED during wartime.

which has nothing to do with your claim of thousands of American Citizens in US
POW camps


the law of averages is in fact not de jure or de facto



The de jure rule is that if a citizen takes up arms against the
United States, he is automatically expatriated. So, in a legal
sense, any American citizen captured on the battlefield is
automatically determined to have renounced his American citizenship.

Once again you are wrong. If a citizen takes up arms against the
United States they would be charged with Treason. There are no laws
in the United States that allow for the automatic expatriation and in
fact no citizen could be expatriated as that would imply that they
were not a citizen

It's not a law - it's a constitutional finding.

no one has ever been expatriated if they are American Born citizens. no one has
ever been found guilty by constitutional finding...it takes a legal charge,
legal trial and a legal verdict







In the latter definition, then, you are correct in that there could
not have been American citizens held in U.S. POW camps. If they were
captured on the battlefield, they were not, by law, American
citizens.


However, the Supreme Court in the case of Tomoya Kawakita, one of
your previous points, said otherwise


Kawakita was not captured on the battlefield, nor did he take up arms
against the U.S.. Hence did not lose his American citizenship.

Kawakita aided and abetted the Japanese. He himself thought he had renounced his
American Citizenship. He was charged with treason for torturing American POWs.

In any event, one need not be captured on the battlefield for treason to charged

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