It’s no surprise Attorney General Eric Holder and the Obama administration are caving to pressure by leading Republicans to try terror suspects in military tribunals. What is surprising is the lack of outrage from the American people who actually appear in favor of such kangaroo courts.
Probably because most Americans are under the delusion that the U.S. Constitution, Bill of Rights and Miranda Warning only apply to U.S. citizens. They need to do their homework.
The entire case for military tribunals rests on the assumption that A) terrorists are not American citizens and B) they are therefore not entitled to the “rights of the accused.” But the notion that only citizens are privilege to the first 10 amendments of the U.S. Constitution is completely unfounded.
Nowhere in the Bill of Rights do the words “American” or “citizen” appear. Instead, the language simply refers to persons and the accused as in “The accused shall enjoy the right to a speedy and public trial.”
Likewise the 14th amendment, which made the Bill of Rights applicable to state law, makes a strong distinction between U.S. citizens and persons in general:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
So the 14th amendment prohibits states from abridging the privileges or immunities of citizens while at the same time prohibiting them from depriving any person of due process and equal protection under the law.