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View Diary: Terrorists in prison in America (48 comments)

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  •  Can you explain for a layman person (0+ / 0-)

    how and why the categorization scheme (category 1 to 5) of detainees was set up and which category can or can not be prosecuted, can or can not be detained in US courts or Military Tribunals.

    Which court decided and ordered that some detainees must be transferred to other countries and can't be detained or prosecuted in the US?

    And then I wondered about the differences between article I, article II and article III tribunals.

    Is there a difference between a Military Tribunal and a Military Commission? Are they article I or article II tribunals?  

    Why can't a category 5 detainee not be prosecuted and be detained in the US? How has that something to do with the definition of being a POW or an enemy

    What are Military Tribunals? Article I or article II tribunals or neither? Court-Martials are article I tribunals.

    I am sure lawyers are here who could summarize the differences and basis of those 5 categories of detainees and why and where the can or can not prosecuted in whatever courts and why they can or can not be detained in the US.

    Obama's speech didn't really made that clear for the average person, I would say.

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