There has been a real debate on if foreign born Terrorist Sayfullo Saipovv should be sent to Gitmo or not. The debate has been interesting because you have the sight of John McCain and Lindsey Graham, favorites of Democrats and the left, reminding said leftists why they are still republicans, namely they are in favor of treating the enemies of the United States as…enemies of the United States and that’s not allowed in the Democrat Party anymore (See Iran).

It is however a fair argument to make that he was a legal immigrant who committed a crime and thus should go to the justice system, and in other circumstances that would be a good argument, but unfortunately we are at war with ISIS and we have an excellent precedent for a situation like this in via one of the most crafty pols ever to hold a General’s Rank in the US Army. General Benjamin Butler.

At a time in the Civil War when Lincoln was not talking emancipation in order to hold the border states Benjamin Butler, who tended to do things his own way, decided that returning fugitive slaves only helped the enemy and decided against it declaring them “contraband of war”. At one point he was questioned over it by a fellow officer from Virginia if he didn’t feel obliged to return slaves under the Fugitive Slave Law. (Butler was known to be sympathetic to the south before the war but a vapid anti secessionist.) Butler answer was classic:

…the Fugitive Slave act did not effect a foreign country, which Virginia claimed to be! And she must reckon one the infelicities of her position that insofar at least she was taken at his word.

I think the same logic works here. If a CNN analyst argues that, as a legal immigrant, Sayfullo Saipovv retains the rights of any other person arrested in the United States, including the right to a civilian trial and is not subject to being sent to Gitmo, the answer I would give the rights of a legal immigrant do not apply to soldiers of ISIS taken in battle, which Mr. Saipovv claims to be and to paraphrase General Butler He must reckon one of the infelicities of his positions that insofar at least he is taken at his word.

If they counter that in this case as a prisoner of way Mr. Saipovv must be treated in accordance to the Geneva Convention we can reply that as the Islamic State is neither a signatory to the Geneva Convention in fact nor a practitioner of its rules in action any member of ISIS taken in battle is subject to be held as an enemy combatant and sent to Gitmo if the Army or the commander in chief should so desire.

And I’d bet real money that once, President Donald Trump, who know a winning issue when he see it, figures this out that this one is a gimmie, he will desire it pretty damn quick.

Closing thought: There was a time that I would have believed that the Harvey Weinstein Democrat Left would not be so tone deaf as to insist that a man who declares himself a woman must be treated as such but a man who declares himself a warrior for ISIS must not. But the last few years have been an education and I can’t wait to see Democrat Senate Candidates in Red States forced to make the choice between supporting sending Mr. Saipovv going to gitmo and upsetting the democrat base or opposing it and upsetting general election voters.