Or would they fall under "enemy combatants "? I'm thinking of Ilhan and Barry. How would they be labeled when they are tried? Or does it matter in a military tribunal?
On a side note, if it is proven Barry is not an American citizen, and only a citizen can hold the Presidency, would every piece of legislation he signed become null and void?
Non-Americans can be designated and tried as enemy combatants under U.S. law, particularly in the context of the war on terror.
The Military Commissions Act of 2006 and Executive Order 13423 authorize the trial by military commission of alien unlawful enemy combatants—non-citizens determined to have engaged in hostilities against the United States. This applies to individuals captured abroad or within U.S. jurisdiction who are linked to groups like al-Qaeda or the Taliban.
While treason requires a breach of allegiance (owed by citizens and domiciled non-citizens), enemy combatant status is based on actions—such as participating in or supporting armed conflict against the U.S.—and does not require allegiance. Therefore, non-Americans who do not owe allegiance to the U.S. cannot commit treason, but they can still be detained and tried as enemy combatants under the laws of war.
The Supreme Court in Hamdi v. Rumsfeld and Boumediene v. Bush affirmed that while enemy combatants have limited constitutional protections (e.g., habeas corpus rights), the government may detain them for the duration of hostilities.
Enemy combatant person who, either lawfully or unlawfully, directly engages in hostilities for an enemy state or non-state actor
I think both of them must have taken an oath of allegiance as part of being sworn in to office. Ilyan apparently was also naturalized, requiring an oath of citizenship. Those actions mean they can be tried for treason.
Fraud vitiates everything. It will be as if they never existed.
I guess that explains the escape to kenya Q post.
I hope so. Justice must be served. Otherwise there is no deterrent.
I'd think that as non-citizens, any attack against the US would fall under the "enemy combatant" veil.
Illegal = Not Legal
Not Legal also is not respecting our National laws or sovereignty.
Your question, "would every piece of legislation he signed become null and void?" This is the reason our country will without a doubt undergo sweeping change in so many ways. Also remember the Clinton's and the Bush's may very well fall into this same category as well as many more than we know from congress. Every item of legislation overturned, and indeed it may go further, thus the need for complete Constitutional Reset, stripping the deadwood legalease from off the people, fraud vitiates everything.
I like your thought process. Thank you for this answer. I have so many questions as to how the Q plan will eventually play out. But I guess I will sit and watch my computer to see how other pedes will be informing us unenlightened souls as to what is happening. I will love to see HRC swing at Gitmo. If Baby Bush is there too, ooooooh, the more the merrier.
Thanks again, fren.
No.