Let’s say we follow your opinion about the issue.
How do we then gather evidence on the battlefield to support any further “detentions”?
Do we mirandize all prisoners so they know what “rights” they have?
Do we assign counsel right away so that evidence can be preserved?
Do we stop any fighting to preserve evidence for trial in U.S. courts?
Do we pay for their lawyers?
Are they to be released on bail in the U.S. to await trial as they are to be considered innocent until proven guilty?
Just a few questions you need to clear up before we “give” them constitutional rights.
If someone is actually captured on a battlefield, and held in theater, there is no question about it.
The whole mistake was this Guantanimo thingee. It seemed so clever but was dumb. I seem to recall reading the name of the Bush appointed DOJ lawyer who argued for the whole thing. Dumb Dumb Dumb.
If they are captured on the battlefield in uniform engaged in combat activities, then there is no problem. You just swear to the time manner and place of his capture.
As POWs there should be no presumption of release or any other right to trial or other proceeding.
PS. BUSH I established a process for adjudicating POW status in GWI. I don't know why the neo cons thought that they did not need to do it here.
Lets say we follow your opinion about the issue. How do we then gather evidence on the battlefield to support any further detentions?
If caputured as legal POWs on the battlefield then they are POWs and are not accused of a crime. Miranda rights are criminal rights.
Do we assign counsel right away so that evidence can be preserved?
No, after the battle, once he has been transferred to a detention facility. PS. Bush I did this in GWI so I don't know why everyone thinks this is an intolerable burden on our fighting forces.
Do we stop any fighting to preserve evidence for trial in U.S. courts?Do we pay for their lawyers?
If it is on a battlefield then the only evidence required is time manner and place of capture and activities at the time. Yes we provide them legal counsel - hint this is not a burden on the US government. Hint - in case you have not been following the Haditha case, there is extensive post operational reporting and investigation anyway, so this need not constitute and extra burden.
Are they to be released on bail in the U.S. to await trial as they are to be considered innocent until proven guilty?
You are being silly. Once it is determined they are POWs under a proper and under the circumstances timely hearing, they remain as POWs under the Geneva convention. No problem.