First, in a country where U.S. troops are operating under combat operations (there are only two), if you are in a foreign country and you are picked up by the local police for non-military reasons, you are not turned over to the U.S. military. You are either deported to your home country or turned over to your consulate. Only those caught during military fire fights and operations suspected of being involved in the operation against U.S. troops or terrorist activies are turned over to the military. Even then they are not all turned over to U.S. military, some are held by the host country forces. Those picked up for breaking civilian laws are jailed by the host police force, not the military. They are then released or their release is securred by their consulate or they are expelled from the country and must return to their host country.

Second, those who are turned over to the military are not immediately sent to Gitmo.

I think the government may now change their status (or those in the future) from detainees to prisoners of war because the Geneva Convention requires that POWs who are on trial for war crimes be subject to the same procedures as would be the holding army's own soldiers (in a military court). As it stands now, suspected terrorists and enemy combatants in civilian attire have recourse in our civilian courts while military personnel do not. Military personnel caught committing serious crimes are more often tried in military courts and not the local civilian court system (or in both):

http://www.wral.com/news/local/story/1716696/
http://www.wral.com/news/local/story/1061742/

Now all future enemies can simply take off their uniform or fight in civies and get the pleasure of our civilian court system.


>>If they are in the US illegally I certainly would.
>
>Let's say Dragan was vacationing in Pakistan. He is picked up off the street by some force and turned over to the US military who flies him to a military prison in Norfolk.
>
>Would he have any Habeas rights?
>
>Peter