Problem is bush does not call them Pows yet declared war on them, yes says they have no rights to the civil system as well. Bascily Bush says, if we say you are a terrorist, you have no rights, at all. We can never let you go, never charge you, never show evidence, you cant see who accused you, you have no right to lawyers and even said this happened to American Citizens...the courts have gone against his judgement on every single case so far.
To be fair, President Bush was trying to abide by the letter and spirit of GCIII. GCIII specifically states that they can be held UNTIL a Tribunal determines their status, and Bush was trying to let the military hold their tribunals, however, a bunch of bleeding hearts started screeching bloody murder about that, and got it hung up in the courts for YEARS. If anybody is to blame for those detainees NOT having their status determined, it's those libs. Also, GCIII specifically details exactly what criteria must be met for one to be categorized as a POW, and none of the people we've captured meet ANY of them, ergo, they are NOT, under GCIII, POW's.
Lastly, and this is critical, when was the last time we allowed ANYONE we captured during an armed conflict to "go home", or be released in any way until the hostilities were over? Unless I've missed something, that would be during the Civil War. In every war since, anyone we've captured has been detained for the duration of hostilities, and NOT been charged with any crime, since being a Soldier IS NOT a crime. To be perfectly honest, the fact that we have NOT charged, tried, convicted, sentenced, and SHOT any of them for being a spy, a charge that is easily shown by the fact that they were "out of uniform" when they were captured, is testimony to our magnanimous character.
As for the courts rulings, I could not be in more disagreement. At no time in our history has ANY enemy combatant, lawful or unlawful, been tried in an American court, nor had his status challenged before the courts. Once we declare war, any dealings having to do with those captured has always been left to the military to deal with (in accordance with 50 USC), so I am at an utter loss to determine on what grounds the courts have determined that they are to be given this honor. Frankly, it boggles the mind.
The only possible reasons I can come up with for the courts to be permitting these terrorists to be brought before American civilian courts would be for the possibility of their receiving the death penalty, and having it actually enforced, which is something that the military hasn't done in years. The other is that if these trials ARE made public, and the evidence against them IS broadcast to the public, it could very well, once and for all, silence all of this silly "they're innocents who were grabbed out of their homes" BS, and the American people will finally see who it is that we're REALLY up against in this fight.
