Threatening the life of the President is a crime. And in the United States when an American citizen is accused of a crime, they are arrested, and publicly charged, put on trial and if convicted put in an American prison.
What the Trumpette suggested was an illegal Banana Republic style 'disappearance' to Guantanamo Bay- which would be again- illegal and unconstitutional. And this is not the first unconstitutional proposal made in this thread.
Trumpettes are quick to suggest pissing on the American constitution when it comes to their Dear Leader.
I'm not Trumpette. I don't even like or approve of the guy in general. I despise would be assassins and traitors far more. This guy is no better than a domestic terrorist. I did not write the statute on special rendition. It quite possibly is unconstitutional, but if not used again in times not fraught with high tension and national fear it will lie dormant until a time of emergency and be used, possibly harmfully to many Americans and our constitutional style of governance. Sorry if I upset you, Buttercup.
LOL- no snowflake, you didn't upset me. I despise would be assassins and traitors also. But if they are Americans, then they are protected by the U.S. Constitution.
There is no law that allows an American citizen on American soil to be 'disappeared' and whisked out of the United States and be deprived of their Constitutional rights.
That would not be 'possibly unconsitutional' that is something that any American would recognize as a blatant violation of the Constitution.
The only possible exception would be in time of war when habeas corpus is suspended- and frankly Lincoln got that wrong
I was thinking of Jose Padilla
On June 9, 2002, two days before District Court Judge
Michael Mukasey was to issue a ruling on the validity of continuing to hold Padilla under the material witness warrant, President George Bush issued an order to Secretary of Defense
Donald Rumsfeld to detain Padilla as an "enemy combatant." Padilla was transferred to a military
brig in
Charleston, South Carolina, without any notice to his attorney or family. The order "legally justified" the detention using the 2001 AUMF passed in the wake of September 11, 2001, (formally
"The Authorization for Use of Military Force Joint Resolution" (Public Law 107-40)) and opined that a U.S. citizen detained on U.S. soil can be classified as an
enemy combatant.
According to the text of the ensuing decision from the
U.S. Court of Appeals for the Second Circuit, Padilla's detention as an "enemy combatant" (pursuant to the President's order) was based on the following reasons:
- Padilla was "closely associated with al Qaeda," a designation for loosely knit insurgent groups sharing common ideals and tactics, "with which the United States is at war";
- he had engaged in "war-like acts, including conduct in preparation for acts of international terrorism";
- he had intelligence that could assist the United States in warding off future terrorist attacks; and
- he was a continuing threat to American security.
Because Padilla was being detained without any criminal charges being formally made against him, he, through his lawyer, made a petition for a writ of
habeas corpus to the
United States District Court for the Southern District of New York, naming then Secretary of Defense
Donald Rumsfeld as the respondent to this petition. The government filed a motion to dismiss the petition on the grounds that:
According to the text of the ensuing decision from the
U.S. Court of Appeals for the Second Circuit, Padilla's detention as an "enemy combatant" (pursuant to the President's order) was based on the following reasons:
- Padilla was "closely associated with al Qaeda," a designation for loosely knit insurgent groups sharing common ideals and tactics, "with which the United States is at war";
- he had engaged in "war-like acts, including conduct in preparation for acts of international terrorism";
- he had intelligence that could assist the United States in warding off future terrorist attacks; and
- he was a continuing threat to American security.
Declaring that without clear congressional approval (per
18 U.S.C. § 4001(a)), President Bush cannot detain an American citizen arrested in the United States and away from a zone of combat as an "
illegal enemy combatant," the court ordered that Padilla be released from the military brig within 30 days.
[20] However, the court had stayed the release order pending the government's appeal to the
U.S. Supreme Court.[
citation needed]
He was later actually
charge and convicted on aiding terrorism charges due to connection to Al Qaeda , sentenced to 17 years, later upgraded to 21 years.
If they see fit, they can definitely arrest you without habeas corpus, and shift your location without telling anyone, so that attempt to file habeas not in correct court or correct jailer named. I liked the outcome but the process was less than what the framers had in mind.