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ACLU challenges Americans captured in Syria

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  • #16
    Originally posted by Connaught Ranger View Post
    IMHO - Any U.S. "citizen" caught in a war zone fighting for a declared enemy of the U.S.A. needs to have his/her citizen revoked immediately.

    Tried by military tribunal and if found guilty the death penalty applied, I see no reason for them to be engaged in acts of violence and when caught pull the Hey Guys I am an american card to get of with it, nor should the US Taxpayer have to fund a civil trial or stay in prison.
    I don't think (but I don't know better) that this is an easy thing to do, especially by a military tribunal.

    But the American (British/German/Duch/French/etc.) card option needs to go. Home grown extremists go to train/fight in Syria because they expect the equivalent of a a slap on the hand if they return home.

    I'm thinking of the German woman that was captured in Syria and the German state had to try to get the death penalty commuted (I was reading between the lines that they did not want to do that, but had no choice). <<I got married and followed my (fundamentalist) husband in a war torn Syria, but I'm not an extremist>> should not be accepted as an excuse. Civilized states that want to have a modern law and punishment system for their citizens inside their own borders should not let themselves be captive by their good intentions when it comes to Syria type conflicts.

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    • #17
      Originally posted by haze17 View Post
      https://www.politico.com/story/2018/...s-syria-630089

      The U.S. military plans to release in Syria a Saudi-American dual citizen
      if he has dual citizenship, why not just strip him of US citizenship? He won't be stateless then so that should work, no?

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      • #18
        Originally posted by Corrupt View Post

        So charge him with one of the myriad of things he's actually done.

        x2. No problem with him being punished, just do it through the proper channels instead of some legal grey area with dubious oversight.

        That's great, but as far as I'm aware there's no realistic mechanism for that and with good reason.
        Put 'em on a plane, fly them back to a US court, try them for treason, haul their ass to leavenworth. It's not complicated, it's just due process.

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        • #19
          Originally posted by budgie View Post

          Put 'em on a plane, fly them back to a US court, try them for treason, haul their ass to leavenworth. It's not complicated, it's just due process.
          OR hand 'em over to Iraq like we do US forces in Japan who commit crimes...

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          • #20
            Originally posted by budgie View Post

            Put 'em on a plane, fly them back to a US court, try them for treason, haul their ass to leavenworth. It's not complicated, it's just due process.
            I can see it now:
            But your honour, I was carrying a weapon for self-defense and I only shot because unidentified men were shooting at me first and without a warning. And those were not US troops, so what treason? At most a fine for ignoring State Department's travel warning...

            Or:
            Btw. why did you ship me to the US? I'm also a xxxxx citizen (or even Syrian). This is kidnapping (I'm sure Syria did not agree to my extradition).

            Or the ridiculous case:
            I was not read my Miranda rights (by the SOF men bursting into my shelter and shooting first in the middle of the night) so I should be set free.


            P.S. Leaving my bad scenarios behind, are there examples of "fly them back to a US court, trial them for treason"? With close to two decades of asymmetrical wars you would think the news was full of these examples. If anyone is inclined to do a search (not it!) we would appreciate the info.

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            • #21
              Originally posted by Xaito View Post

              if he has dual citizenship, why not just strip him of US citizenship? He won't be stateless then so that should work, no?
              Citizens born in the US can't have their citizenship revoked against their will for any reason according to the 14th Amendment of the US Constitution.

              Citizens who were naturalized can have their citizenship revoked if they lied on their application. They can also lose their citizenship within 5-10 years of when they were naturalized for some other actions (including joining terrorist organizations). After that, nope.

              Source: https://immigration.findlaw.com/citi...-revoked-.html

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              • #22
                Originally posted by BogT View Post

                I can see it now:
                But your honour, I was carrying a weapon for self-defense and I only shot because unidentified men were shooting at me first and without a warning. And those were not US troops, so what treason? At most a fine for ignoring State Department's travel warning...

                Yes he'll probably have some lame defense excuses. That doesn't mean he'll be found innocent.

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                • #23
                  Originally posted by blackcatnursery View Post

                  Pity UK government don't take the same approach
                  You literally have no idea what you're talking about.

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                  • #24
                    Originally posted by BogT View Post

                    I can see it now:
                    But your honour, I was carrying a weapon for self-defense and I only shot because unidentified men were shooting at me first and without a warning. And those were not US troops, so what treason? At most a fine for ignoring State Department's travel warning...

                    Or:
                    Btw. why did you ship me to the US? I'm also a xxxxx citizen (or even Syrian). This is kidnapping (I'm sure Syria did not agree to my extradition).

                    Or the ridiculous case:
                    I was not read my Miranda rights (by the SOF men bursting into my shelter and shooting first in the middle of the night) so I should be set free.


                    P.S. Leaving my bad scenarios behind, are there examples of "fly them back to a US court, trial them for treason"? With close to two decades of asymmetrical wars you would think the news was full of these examples. If anyone is inclined to do a search (not it!) we would appreciate the info.
                    If it gets to a trial, the trial is conducted by a jury...................You may think the system is broken but it's not.

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                    • #25
                      Originally posted by Mindy Fashionista View Post

                      If it gets to a trial, the trial is conducted by a jury...................You may think the system is broken but it's not.
                      In all of the cases listed by BogT the cases would probably be dismissed before even getting in front of a jury if the statements were correct.

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