Assume that you are legal counsel for the Scorpions, a militant non-governmental subset of a Serbian political opposition group, the Bosniak Srpska. During a strategic planning meeting with top officials, Scorpion Sub-Commander Bensayah Belkacem is discussing his plans to commit violent attacks against U.S. citizens and property. Sub-Commander Belkacem confides that these acts will be performed on behalf of the internationally recognized government of Pasdora, which is a small country located in Southwestern Asia near the Caspian Sea.
Sub-Commander Belkacem knows that you have been educated in the U.S. and have studied legal and political issues involving U.S. domestic and foreign policy, particularly in the areas of Homeland Security and the U.S.’ professed Global War on Terror / Overseas Contingency Operations. During the meeting your opinion on the following matters is asked:
- If the U.S. learns about the Scorpion’s plan, is President Obama empowered to order a military attack against us? If yes, how would he most likely justify his actions?
- If the U.S. military detains our fighters and transfers them to Saudi Arabia (a country known to torture people) for questioning, what is this process called? Does U.S. public policy allow for such a practice? If the current U.S. policy is to allow such a practice, is this policy lawful?
- As part of its Global War on Terror, many captured fighters were sent to Guantanamo Bay, Cuba. If our soldiers are taken there, is it likely that they–none of whom are citizens of the U.S.–will be able to access the U.S. Federal Court System and wage litigation warfare? What is the background and current status of this issue?
- What is a military tribunal? Has the U.S. used military tribunals in the past? Is the U.S. currently using military tribunals and, if so, what is their status?
- Is it true that the U.S. spies on its own citizens? What are/were some of the governmental organizations/agencies involved in doing this? Is it lawful for the military to participate in this type domestic activity?
- If we believe the U.S. is going to attack us, is it lawful for us to attack them first? How would we justify it?
- We understand the U.S. has a document called the Constitution. Describe its framework and the main concepts, powers and rights that it contains?
- Which branch of the U.S. federal government is the most powerful?