Joe is an American who obtained his citizenship two years ago. He was recently caught fighting against U.S. forces in Iraq. He says that he is not a member of a rebellious cause but sympathizes with the cause of the Afghanistan people and is fighting to terminate U.S. presence in that country. He was brought to the Guantanamo Bay Detention Center and has been detained there for the past six months. Questions: Is Joe entitled to access to U.S. civilian courts, or is his case to be tried and resolved in military courts? Can Joe be detained indefinitely under army custody, assuming indefinite detention of enemy combatants is allowed under the U.S. military law? Is Joe entitled to a civilian lawyer during trial like any other U.S. citizen who is tried for a serious crime? Finally, are his rights the same as or different from rights given to non-Americans captured in Afghanistan while fighting against U.S. military forces

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Joes case would likely be tried and resolved in military courts rather than US civilian courts due t... View the full answer