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Steve Vladeck @steve_vladeck
, 3 tweets, 3 min read Read on Twitter
Per this @nakashimae/@missy_ryan story on the American #ISIS fighters being transferred stateside to be tried in civilian court, it’s not just that sending them to the #GTMO military commissions would be stupid; there’s also no legal authority to do so.

washingtonpost.com/world/national…
Under the Military Commissions Act, only an “alien unprivileged enemy belligerent” can be tried by the #GTMO tribunals:

law.cornell.edu/uscode/text/10…
US citizens can still theoretically be tried by military commission under World War II-era precedents, but (1) only for international war crimes; and (2) under different authority than the #GTMO commissions:

law.cornell.edu/uscode/text/10…
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