The problem began with judges from FDR. Those judges said anyone inprisoned in the United States were afforded the protections of the constitution regardless.
Now here is the problem with prisoners of war getting this status.
Normally to properly 'book' a prisoner a police officer will spend 1 hour writing a report, a variable number of hours getting witness statements, 1 hour on evidence issues, 1 hour to process the criminal, then he has to be available for the trial of the criminal.
A soldier cannot take time to 'book' a prisoner. Instead what happens commonly is a leader tells someone "take that prisoner to the MP's". The soldier quickly searches the enemy for everything, without a warrant and without reading him his rights, and takes any official documents. Personal items that are not dangerous are returned. The prisoner arrives and the MP's are told he was captured in combat. The MP's having a lot of prisoners coming have the prisoner told to disrobe (if they have prison uniforms on hand) and may bag the prisoners personal items for storage. They document his name, rank and serial number, then tell him where he sleeps and who to talk to in the prison for the rest of the important matters.
Units may accidently mingle during combat, company A of the 10000111 rangers, may mix with an unknown airborne unit, both sides defeat a counter attack and take prisoners, and then there becomes the issue of a defense lawyer saying "and who were these other soldiers who helped you". When the answer is 'dunno' the lawyer moves to release his prisoner since he cannot question all the witnesses.
The effect of this if say we took all Saddams soldiers to the US in Desert Storm (150,000 or so?) would have been to bog down our courts irrepairiably.
It's funny this happened after WWII and as we kept prisoners in other lands it was not an issue, it passed under the radar.
The libs in the supreme court will uphold this so trial lawyers can make bling bling level cash and so they can use it to pressure the White House and Congress for things they want to see happen. This is a problem with legislating from the bench.
DPS would you say that Hannibal the Lecter is equal to Osama Bin Ladin?
I would not of course, nor will you. They are different people on different scales.
The problem becomes one where the courts start releasing these people on the streets (and they would instantly as well, under a number of different possible rulings). Would you prefer Hannibal or Osama then? Hard call huh?
I do not want either.
I give up hope of fixing this until Liberals in Europe understand that Liberals in the United States have serious issues and stop supporting them outright.
Everything bad in the economy is now Obama's fault. Every job lost, all the debt, all the lost retirement funds. All Obama. Are you happy now? We all get to blame Obama!
Kemp currently not being responded to until he makes CONCISE posts.
Avogardo and Noir ignored by me for life so people know why I do not respond to them. (Informational)