Re: John Walker: What Charges, who'll try him.

[Arclight <arclight@xxxxxxxxxxxx>]

At 18:30 03.12.2001 -0800, Jeff Pawlowski wrote:

<snip>

>If American citizens are prohibited by law from being
>in the employ of a foreign goverment in a combat
>role...

Are you absolutely sure that's the case? Sounds very strange to me.

>1. Doesn't this guy apply, acting as an agent for the
>then Afghanistan government (the Taliban), even if we
>did not recognize that government.

IMHO, no. Why? Because fighting mudjhahedin (sp?) won't qualify him for 
"acting against the US of A" I think.

>2. If he is tried, will he be tried by the US, or by
>the new Afghanistan government?  By the US?
>
>3. If he is tried by the US, will he get a normal
>trial or will he get a military tribunal?

Ask you Secretary of Justice ;)

>4. If found guilty in a US court (normal or tribunal),
>what punishment would be suited?

The punishment that's called for in the law he broke. I can't see one from 
the top of my head. Remember, it's Al Quaida (sp?) who are responsible for 
September 11th, not the taliban.  Ok, that's todays view AFAIK.

>5. Does the restrictions on "cruel and unusual
>punishment" apply to anyone tried in a US court or
>just to US citizens?  Does the restriction apply to
>"cruel _AND_ unusual" or "cruel _OR_ unusual", as I
>could be satisfied with a cruel punishiment, or an
>unusual one. ;-)

I don't know, and I don't see why.

Arclight