Pedilla crimes aren't civil or common, he was arrested as an illegal combatant. His status was challenged, he was let off, the system worked.
I shouldn't have come back to this thread, but nobody here get's it, I feel like Mugatu in Zoolander, everyone is taking crazy pills... Illegal Combatants are not afforded constitutional protection, they are not afforded Geneva protection, they are not afforded any civil or common protection.
Quote:
Unlawful combatants are likewise subject to capture and detention, but in addition they are subject to trial and punishment by military tribunals for acts which render their belligerency unlawful. The spy who secretly and without uniform passes the military lines of a belligerent in time of war, seeking to gather military information and communicate it to the enemy, or an enemy combatant who without uniform comes secretly through the lines for the purpose of waging war by destruction of life or property, are familiar examples of belligerents who are generally deemed not to be entitled to the status of prisoners of war, but to be offenders against the law of war subject to trial and punishment by military tribunals.
Such was the practice of our own military authorities before the adoption of the Constitution, and during the Mexican and Civil Wars....
By a long course of practical administrative construction by its military authorities, our Government has recognized that those who during time of war pass surreptitiously from enemy territory into our own, discarding their uniforms upon entry, for the commission of hostile acts involving destruction of life or property, have the status of unlawful combatants punishable as such by military commission. This precept of the law of war has been so recognized in practice both here and abroad, and has so generally been accepted as valid by authorities on international law that we think it must be regarded as a rule or principle of the law of war recognized by this Government by its enactment of the Fifteenth Article of War.
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SCOTUS