A constitutional scholar familiar with the Fifth Amendment will say that the military may do what it likes with service members during time of war or public danger. Say what you like, military law does not permit violation of these rights:
- Prohibition against cruel and unusual punishment. Solitary confinement is cruel and unusual.
- Right to a speedy and public trial.
- Right to due process.
- Rights of the accused “to be informed of the nature and cause of the accusation,” “to be confronted with the witnesses against him,” and “to have compulsory process for obtaining witnesses in his favor.”
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