Can't say I have this 100% correct, and it is not complete, but a basic outline goes like this --
(1) "State secrets privilege" was upheld as valid in US vs. Reynolds. This means the US government can arbitrarily claim that a department (CIA, FBI, State dept, whatever) does not have to turn over evidence in a legal case, if they simply claim "state secrets" and therefore evidence that might help the defendant is withheld.
This is a serious problem when the deep state is withholding evidence on bogus "state secrets" claims, if you are trying to prosecution a deep state operative. So, how do you prosecute, knowing important classified info will be withheld from evidence?
https://en.wikipedia.org/wiki/United_States_v._Reynolds
(2)This is why Trump had to let them get to this point, because POTUS has Article II power that is independent of Congress' Article I power. Any person who is a spy, engages in espionage, or aids a foreign country against the United States is an "unlawful combatant." This falls under POTUS' authority, not Congress' authority.
See: Ex parte Quirin (Supreme Court):
"It held that while lawful combatants may be captured and held as prisoners of war, unlawful combatants face harsher circumstances such as being sentenced to prison terms or put to death
https://en.wikipedia.org/wiki/Ex_parte_Quirin
This puts it under the Uniform Code of Military Justice, not under the regular criminal code. USMJ includes:
(3) "Aiding the enemy"
"Any person who— (1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or (2) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct. "
https://www.law.cornell.edu/uscode/text/10/903b
(4) Is the US at war? Yes. After 9/11, war was declared on "terrorism" and that never changed. They used it to abuse the Constitution, and now it will be used against them.
(5) Also, the Marine Corps is different from any other branch. The MC's mission is to protect, defend etc. ... "or any other purpose that the President shall so direct."
Can't say I have this 100% correct, and it is not complete, but a basic outline goes like this --
(1) "State secrets privilege" was upheld as valid in US vs. Reynolds. This means the US government can arbitrarily claim that a department (CIA, FBI, State dept, whatever) does not have to turn over evidence in a legal case, if they simply claim "state secrets" and therefore evidence that might help the defendant is withheld.
This is a serious problem when the deep state is withholding evidence on bogus "state secrets" claims, if you are trying to prosecution a deep state operative. So, how do you prosecute, knowing important classified info will be withheld from evidence?
https://en.wikipedia.org/wiki/United_States_v._Reynolds
(2)This is why Trump had to let them get to this point, because POTUS has Article II power that is independent of Congress' Article I power. Any person who is a spy, engages in espionage, or aids a foreign country against the United States is an "unlawful combatant." This falls under POTUS' authority, not Congress' authority.
See: Ex parte Quirin (Supreme Court):
"It held that while lawful combatants may be captured and held as prisoners of war, unlawful combatants face harsher circumstances such as being sentenced to prison terms or put to death
https://en.wikipedia.org/wiki/Ex_parte_Quirin
This puts it under the Uniform Code of Military Justice, not under the regular criminal code. USMJ includes:
(3) What crime? Well, "Aiding the enemy," for one:
"Any person who— (1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or (2) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall suffer death or such other punishment as a court-martial or military commission may direct. "
https://www.law.cornell.edu/uscode/text/10/903b
(4) Is the US at war? Yes. After 9/11, war was declared on "terrorism" and that never changed. They used it to abuse the Constitution, and now it will be used against them.
(5) Also, the Marine Corps is different from any other branch. The MC's mission is to protect, defend etc. ... "or any other purpose that the President shall so direct."