The case decided today dealt with Congress's second attempt to draw up due process rules for the detainees. It is uncharted territory, because nobody has ever given such people ANY due process rights before. Congress, and the Supremes, are making it up as they go.
No nation in a war against irregular forces has ever done anything like this.
You have that exactly backwards, Steve. Congress essentially rubber stamped the president's actions, which were themselves lawless and unprecedented. The Supreme Court just said no deal to both the President and his rubber stamp Congress.
Well, no, both the AG and congressional staff lawyers helped draft this version, in response to the Supreme Court's last ruling. And it is completely "res nova"....unless you think...and maybe you do.....that these guys have the full set of rights of criminal suspects. In which case, bring on the CSI, Miranda cards, free lawyers, exclusionary rule, etc etc. BTW, since nobody had any US search warrants over there, I guess none of the physical evidence is admissible either, huh?
