You represent Pakistani citizen arrested when he arrived to SF from Pakistan and jailed in CA by fed authorities, charged with entering U.S. w/ intent to engage in terrorist acts. There is no evidence he was ever in Afghanistan or Iraq. Gov’t said it will try your client b4 a military tribunal pursuant to a Presidential executive order that states: “Persons not citizens of U.S. charged with crimes involving terrorism or intent to commit such crimes shall be tried by military commission, and due to existing threat of invasion, may not seek habeas corpus to review detention.” Legislation passed by Congress makes such acts crimes, and provides: “President may employ military force and authority to combat terrorism.” How will you advance your client’s rights? What will you seek in ct? How do you anticipate the Gov’t will respond, and how will you deal with those assertions?
So, the way I'm tackling this is by first analyzing whether it is red, yellow, or green light. Then, I would analyze whether he is entitled to jury trial in civilian ct. But the answers I come up with seems brief, so there must be something missing. Can anyone find any other issues or Gov't responses? Thanks!