RetiredGySgt
Diamond Member
Do you READ responses to you? We can not try him in ANY manner unless we hold him at least long enough to charge him. Are you advocating we violate the law to TRY him and not follow the law that allows us to kill him as an enemy combatant?
I'm saying I don't think he has to be charged in person. It could be done via publication, IMO. And I don't think a traditional criminal trial is our only choice.
No. There is a little verbal ambiguity going on here. One CAN be charged with a crime in absentia. For example, Osama bin Laden was never in our hands, yet he was charged with a terrorist act involving an incident prior to 9/11. The charge came in the form of an Indictment.
But since that diseased prick was never in our hands, he could not be tried in absentia. HAD he ever been arrested and brought before a Court of Law to answer to that Indictment, he could later be tried in absentia even if he escaped to some mountain cave in Afghanistan before trial.
If one has never been brought before the Court at all, one cannot be tried in absentia. Not by "publication" and not by any other means.
Madeline is way to stupid to understand assuming she even understands what she is reading.