This would not be an issue if they had not been detained on US soil. Once they were transported to US soil (GITMO qualifies) they are afforded due-process protections of the Constitution.
Had the military set up a holding area in Afghanistan or some other country we wouldn't have this issue.
Exactly...send 'em back and let Afghanistan handle them. I do not want my tax dollars going to support these terrorists!
Once they were transported to US soil (GITMO qualifies) they are afforded due-process protections of the Constitution. Just like the 9th Circus Court you are wrong, wrong, wrong:
GITMO does not qualify as US soil because the lease establishing the base in 1903 and re-established in 1934 upholds Cuban sovereignty of the land the base is on.
The US has neither Territorial Jurisdiction nor Sovereign Jurisdiction, we merely have 'Jurisdiction and Control'--in that we can exercise jurisdiction over crimes occuring ON that land and restrict access to that land.
Now take that tablecloth off your head...