by BooMan, Sat Jul 01, 2006 at 12:19:41 PM EDT
I don't think I can put it any better than mcjoan just did. You should definitely go read her take on the Hamdan decision, and the likely fallout from it in Congress, and in the midterms. I want to take a slightly different approach.
It's Saturday and I'm lazy and hardly anyone is going to read this, so I won't bother with getting all the statistics and will just work with generalities. The Bush administration decided to use Guantanamo Bay for legal reasons.
A Military Order issued by President Bush on 13 November 2001 (1) set out the conditions by which such prisoners would be held and tried under military law. This order specifically rules out an appeal to any court, whether state, federal or international, in the United States or anywhere else in the world...
...A challenge to this in the American courts failed with a ruling that prisoners held in Guantanamo Bay do not have the protection of American domestic law. They are not American citizens and are not (and in most cases have never been) on American soil.