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Originally Posted by mojo
They have been found in violation of articles of war as International law and ratified congressional law. As such they are subject to military custody, that would equate to their judicial process, as stated in the 5th amendment...
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Unless they had a hearing, they weren't found in a legal sense. They were found in the colloquial sense: "We found this guy in the desert and it seemed like he was up to bad guy stuff." Have there been hearings that I haven't heard about?
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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.
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Mojo, I think you're misinterpreting the bit you bolded. People can be held without indictment if they are in
our land or naval forces or militia, and in actual service in time of war or public danger. I don't think this translates to irregulars fighting in an opposing force. I can't think of why it would.