Originally Posted by
furloughfuntime
Kinda funny how you bring up the Constitution in one thread and throw it out the window in this thread. Seems like you only like the Constitution when it lines up with your feelings. That's not how it was meant to work. If you believe in a country of laws, you don't get to selectively apply them
Technically, the constitution doesn't legally apply to foriegn nationals or enemy combatants outside US territory (there are other rules for that).
As to whether we should opt to apply those protections to everybody in the entire world is a legit subject for debate. The argument for "no" is that people outside US territory are not within reach of the judicial system. If a wanted foriegn terrorist managed to get into the US, he would be arrested and subject to the same rules as any citizen... I don't think he could be sent to, or held at GITMO.
KSM is in GITMO, but his nephew was extradited to the US, got a normal trial and is doing life at the supermax (along with several notorious American bombers). KSM could have surrendered and got the same, although he might have been in jeopardy for the death penalty... 3000 counts of special murder-1, one or two of those might have stuck.