The problem is that implicit in the action is the guilt:
That is to say that the detention under the accusation [of Al Queda or Taliban association
or support
] prevents challenging the accusation.
In essence, this is an end-run around the 6th amendment:
Amendment VIThere is no way to challenge the veracity of the charge and because its
In all criminal prosecutions, the accused shall enjoy the right […] to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; […]
detentionrather than
prosecutionthey hold that it's all perfectly legit.
The NAZIs were working legally and totally within the law at the time and their actions upheld by the courts.
Unless based on God’s law, the rule of law and the courts are pretty much meaningless.