the Bill of Rights offer protections you have in the criminal justice system, when law enforcement and prosecutors charge you with a crime. You are presumed innocent, have the right to face your accuser, have a jury trial, the government must prove every element of the crime beyond a reasonable doubt, etc.
However involving courts and rules of evidence in war-fighting is suicide. And it would be an unconstitutional infringement on the president’s Article II commander-in-chief power in the Constitution.
The Supreme Court precedent makes clear the Bill of Rights and the writ of habeas corpus do not apply to military fighting enemies of the United States. That is an issue of foreign policy, outside the power and the Constitution’s role of the courts.
So for example, if @Amotekun decides to become a radical Islamic jihadist warrior for Al Qaeda, or align himself with any of America's known enemies and hides here in the United States, and begins launching terrorist attacks on this nation,
Obama is well within his rights and power as Commander-In-Chief to do whatever is necessary i.e
launch drones attacks..... to eliminate him and any other threat
However involving courts and rules of evidence in war-fighting is suicide. And it would be an unconstitutional infringement on the president’s Article II commander-in-chief power in the Constitution.
The Supreme Court precedent makes clear the Bill of Rights and the writ of habeas corpus do not apply to military fighting enemies of the United States. That is an issue of foreign policy, outside the power and the Constitution’s role of the courts.
So for example, if @Amotekun decides to become a radical Islamic jihadist warrior for Al Qaeda, or align himself with any of America's known enemies and hides here in the United States, and begins launching terrorist attacks on this nation,
Obama is well within his rights and power as Commander-In-Chief to do whatever is necessary i.e
launch drones attacks..... to eliminate him and any other threat
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