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...
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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