I acknowledged the passage I posted didn't extend to them not because of citizenship but because of state juristiction. The question i asked is why do we assume the executive branch can have that power when the states cannot?
In addition you skipped over these parts
Quote:
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
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This is not just for US citizens this is for all people within US juristiction. The administration is trying to create a loophole saying they are not in our juristication because they are in Guantanamo when clearly we are the ones who control where they are and hace complete control over them.