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Originally posted by Gattigap
How is what you've just described not treason (or, "Beyond Treason")?
(I understand that this is "really bad" treason that pisses us off, but I think -- notwithstanding that cogent argument -- treason it remains.)
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Is a charge of treason the exclusive remedy the government has against the person? Can't the government opt not to try the person for treason and hold them as a POW instead?
My thoughts are that regardless of whether we have declared war on AQ or not, they have declared it on us and are waging war against us. When we capture their combatants, they are POWs simply because they are waging war against us. The fact that a person is a US citizen does not change their status as a POW if they are waging war against the US and attacking or attempting to attack the US on US soil.
Whether the AQ POWs come under the GC is a matter of interpreting the GC, which from all I have read, the GC does not include terrorist organizations.
