You are the legal counsel for a militant nongovernmental group. Examine the scenario below and address the specific question in your paper.
The Scorpions is a foreign group, with the capability to attack the U.S. at home and abroad. Members of the group have been captured abroad and both transferred to other countries and detained at Guantanamo Bay.
Scenario and Questions:
The Scorpions are an international terrorist organization plotting to cause harm against the United States and its interests. The President has learned of this plausible threat.
1) If the United States learns about the Scorpions Plan is the President empowered to order military attacks against the Scorpions? If yes, how would he most likely justify his action?
2) If the U.S Military detains the Scorpions and transfers them to Saudi Arabia for questioning, What is the 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?
3) As part of the Global War on Terror, many captured fighters were sent to Guantanamo Bay, Cuba. If Scorpion members are taken there, is it likely that they will be able to access the U.S Federal Court system and file litigation for their freedom?
4) Would subjects detained at Guantanamo Bay be subject to military tribunals? Has it been used in the past? Is the U.S currently using military tribunals, and if so, what is their status?
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