Military can only tribunal those who are apprehended in a designated zone of conflict where civilian courts are unable to take the case
I'm pretty sure that part of the reason us libertarians were freaking out about the "enemy combatant" clause was that ANYONE ANYWHERE could be declared one, including american citizens...
GWOT might be an umbrella but the way I read the laws and information out there would require a designation of specific counties or states, or, a prescribed area to be an area of operations. Due to the nature of the crime we think is unfolding before us, it would take awhile to create the legal framework to declare extensive places of the country under this sort of an order. It would be easier if specific states refused to obey the removal of officials involved with the fraud.
Two scenarios I see playing out if it even goes in this direction at all.
Officials removed, National Guard in that state takes charge with Federal oversight. New elections for offices involved, afterwards they reestablish confidence in the local populations and basically life goes on.
The worst option is an outright denial of a 2nd term and any actions taken by Trump to remedy the problems through constitutional methods. After invoking the 14th and declaring specific individuals out of office, they don't leave office, effectively creating the 2nd Civil War.
I can't think of an example of the SCOTUS hearing a regular criminal trial, such as, no other court has jurisdiction in an area that resides in the CONUS and they take the case as some local jurisdiction can't but would.
This leads me to the only option for tribunals and would mean a complete collapse of society in most circumstances. Part of me thinks this was somewhat the plan all along, as to claim victim status for the establishment types and attempt to get intervention by sympathetic actors.
Tribunals can only be done to members of the military, or, if the military is the government and specific considerations are given to the offender and what capacity they acted under - uniformed combatant, saboteur, non-combatant and there is some grey area between each of these areas. Some provide protections by laws of armed conflict and/or other legal frameworks to include civil court laws and precedence.
I'm not a lawyer but spent a lot of time reading about the fine print of this sort of stuff. Hopefully it makes sense and if you see any mistakes, please point them out.
We need justice and swiftly. We also need full public disclosure and understanding as to have any sense of healing to move forward as a society. It's the only way.
I'm pretty sure that part of the reason us libertarians were freaking out about the "enemy combatant" clause was that ANYONE ANYWHERE could be declared one, including american citizens...
GWOT might be an umbrella but the way I read the laws and information out there would require a designation of specific counties or states, or, a prescribed area to be an area of operations. Due to the nature of the crime we think is unfolding before us, it would take awhile to create the legal framework to declare extensive places of the country under this sort of an order. It would be easier if specific states refused to obey the removal of officials involved with the fraud.
Two scenarios I see playing out if it even goes in this direction at all.
Officials removed, National Guard in that state takes charge with Federal oversight. New elections for offices involved, afterwards they reestablish confidence in the local populations and basically life goes on.
The worst option is an outright denial of a 2nd term and any actions taken by Trump to remedy the problems through constitutional methods. After invoking the 14th and declaring specific individuals out of office, they don't leave office, effectively creating the 2nd Civil War.
I can't think of an example of the SCOTUS hearing a regular criminal trial, such as, no other court has jurisdiction in an area that resides in the CONUS and they take the case as some local jurisdiction can't but would.
This leads me to the only option for tribunals and would mean a complete collapse of society in most circumstances. Part of me thinks this was somewhat the plan all along, as to claim victim status for the establishment types and attempt to get intervention by sympathetic actors.
Tribunals can only be done to members of the military, or, if the military is the government and specific considerations are given to the offender and what capacity they acted under - uniformed combatant, saboteur, non-combatant and there is some grey area between each of these areas. Some provide protections by laws of armed conflict and/or other legal frameworks to include civil court laws and precedence.
I'm not a lawyer but spent a lot of time reading about the fine print of this sort of stuff. Hopefully it makes sense and if you see any mistakes, please point them out.
We need justice and swiftly. We also need full public disclosure and understanding as to have any sense of healing to move forward as a society. It's the only way.