A US citizen is being held in a prison in Iraq and is being denied 6th amendment rights. Trump's administration claims he is an enemy combatant, but evidence hasn't been provided yet. Is the treatment of this prisoner justified?
Rights aside, if he’s been charged with a crime in a foreign country, his incarceration is justified.
Until I trust due process has been followed, I lean no
I was curious about the consequences of joking a foreign army fighting against the USA. I found two things: The most obvious is that they can be tried for treason with a possible death penalty and the second is that if they served as a leader in that army, it can show an intent to relinquish their US citizenship and that the Government could ultimately revoke it. Neither of these involved a loss of due process rights, so he does need to be brought back to the US to be tried for treason at some point. Nevertheless, if you’re caught as an enemy combatant in a war zone, it seems appropriate to be first held as a POW, but not indefinitely.
A US. citizen may lawfully be subject to military detention in armed conflict under appropriate circumstances,” as per the 2004 decision in which the Supreme Court upheld the indefinite wartime detention of an American citizen captured in the Afghanistan war, Yasser Hamdi. Hamdi, like the unnamed combatant, was born on ?American soil to visiting foreign parents, taken home and raised in the country of his parents.
Bush simply sent Hamdi back to Saudi Arabia where he was from. Who knows what they will do with this guy.
Evidence hasnt been provided to the public? Because there is almost no way for us to know if the president hasn’t seen some evidence that that person is an enemy combatant.