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Originally Posted by Mojo_PeiPei
Deeming someone to be an illegal combatant isn't a blank check for detention. There are still provisions in place, most noteably is that people accused of being an illegal combatant can challenge the status. Treason could be applicable in the case of Padilla because he is a citizen (again I know that people have been stripped of their status as citizens in the past, don't know how due process has factored in, or what even constitutes 'due process' in such an instance), but the issue really only comes up in the case of foreign nationals.
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What provisions are in place? The detained can challenge the accusation but has no access to evidence because of classification status. The Government does not have to provide any evidence to show their reasoning for the detention because of classification status. If Treason charges could be applicable then there should be evidence and witnessess enough for a trial.
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"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."
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