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Old 07-01-2010, 09:44 PM   #37
pimbertiemoft

Join Date
Oct 2005
Posts
494
Senior Member
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He was arrested on a US common carrier vehicle, bound for the US. This makes him subject to US law - and also means the government is bound by the Constitution to provide access to counsel, due process, etc.

To do otherwise is to head down a very slippery path.
In most cases the constitution does not specifically apply to non-american citizens abroad. Is being on an airplane over the ocean considered being abroad?

If the identical thing had happened during WWII only by a German sympathizer or German citizen do you really think it would have been inappropriate to throw him in military prison with other German POWs?

I'm not disappointed that he's being treated through the civilian system, but given the evidence in this particular incident I wouldn't have a huge problem if it was decided to have the military incarcerate him ---- with the caveat that I DO have a problem that we don't actually have POWs, we have unlawful combatants (which is a slippery crock of shit IMO).

Here's some info about whether the constitution applies to non-US citizens or not.... it appears mixed:
http://writ.news.findlaw.com/comment...raustiala.html
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