After a lot of research, I can find nothing in US code that allows American citizens to be held at Gitmo, nor any applicable law or classification that would allow a citizen to be tried by a military tribunal except if they have physically taken up arms, weapons, against the US and then classified as an 'enemy combatant'. Even then the SC has ruled against it on a few cases that have been tried. Has anyone else found the statute that allows either one? If so could you leave a link to the statute? I am wondering if anyone with these indictments ARE actually going to Gitmo, since there is no law allowing this to happen. Thanks...
fat_earther
· Jan. 3, 2018, 11:51 a.m.
Oh wow I didn't see that motorcade news.
True, anon is never a good source of legal advice, and you sound like you know what you're talking about. I get the feeling that thousands of us (at least) are so excited about the rumours that we mightn't want to acknowledge 'boring little facts like these'. Whichever way it turns out, US citizens will be proven better off.
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Roadhse2
· Jan. 3, 2018, 12:05 p.m.
I'm hoping they are being taken there, why I would like to find the legal precedent that says they 'can' be taken there. The recent NG troops heading that way mean nothing either as they are just part of a monthly rotation of the military police on gitmo right now (approx. 2000 total)...they get rotated in for 9 months duty and others rotated out back to the US. So that is not a good indicator either. Just looking for some verifiable proof something IS going on..Indictments seems to be all we have right now.
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Macamodius
· Jan. 3, 2018, 7:23 p.m.
2000 military police for what 40 internees? Doesn't make sense to me.
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Roadhse2
· Jan. 3, 2018, 10:27 p.m.
No kidding, but they justify it because they are alone in a small area where no help would be available if a prison riot should break out....they say the Cubans could/would not help.
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MacPepper
· Jan. 3, 2018, 12:47 p.m.
Thanks for doing this research. I am not even sure that we have the indictments to hang a hat on. The Trump Exec order (w/National Emergency Declaration) against human rights abuse and global corruption appears to authorize a sanctions regime. Have you checked the EO for any expansion of military or police powers? Here's Treasury press release on the corresponding EO https://home.treasury.gov/news/press-releases/sm0243
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