Peter wrote:
On 12/15/2011 8:27 AM, Home Guy wrote:
http://www.guardian.co.uk/world/2011...etention-obama

Americans face Guantánamo detention after Obama climbdown

Defence funding bill allows American citizens to be arrested as
terrorists on home soil and held indefinitely without trial

Chris McGreal in Washington
Thursday 15 December 2011 04.34 GMT

Barack Obama has abandoned a commitment to veto a new security law
that allows the military to indefinitely detain without trial
American terrorism suspects arrested on US soil who could then be
shipped to Guantánamo Bay.


[remainder snipped for brevity]

I'm not a lawyer, much less a Constitutional lawyer, but doesn't the
6th Amendment provide the right to a speedy trial? Also, there may
be a violation of Constitutional habeas corpus protections. I
predict legal challenges if this legislation is enacted.

Yes, but...

The 6th Amendment begins: "In all criminal prosecutions..."

Unlawful enemy combatants (UEC) do not come under the jurisdiction of the
criminal law - they are not criminals. They are similar to POWs, but have
even fewer rights. Actually, they have no "rights" at all. Their handling is
solely up to the President under his Article II powers. Specifically, UECs
do not have a right to a lawyer, indictment by a grand jury, jury trials,
witnesses, remaining silent, or any of the other "rights" afforded
criminals.

Moreover, the President may designate ANYONE to be a UEC and, according to
the customary laws of war, dispose of them as he sees fit. In this regard,
UECs are similar to spies, fifth-columnists, guerrillas, and saboteurs. Our
very first UCE was Major John Andre who was hanged by George Washington
after a perfunctory inquiry.

And lest you think that it's just not right to imprison someone without
benefit of a trial, remember only CRIMINALS get trials. Every day those in
civil contempt, juveniles, the mentally unstable, "illegal aliens", and
carriers of contagious diseases are locked up without trial. They didn't get
a trial because they, like UECs, are not criminals.