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I'm not entirely sure it's an option, at this point. The practice of detention and interrogation without access to legal counsel (to say nothing of other practices) is fundamentally inconsistent with minimal due process in our judicial system. Ordinary application of the exclusionary rule might preclude successful prosecution of many, if not most, Gitmo prisoners.

It is not a comfortable option. However, if we really believe in our principles then we have to stand up for them, even when we're not comfortable. An analogy would be the ACLU's defense of Nazis in Illinois. If you really believe in exercise of free speech, then you have to defend it even when you don't agree with the speech. If you can censor speech you disagree with, then you don't have free speech.

That's the exact thing that's happening here. If we accept faceless government bureaucrats torturing and imprisoning people without trial because the bureaucrat claims they are an enemy of the state, we we don't really have individual rights in this country.

I realize there are many gray and unexplored areas with how this whole thing came about, and who these people really are, etc. But the decision to create an extra-judicial island prison was a disaster on every level. Had the Bush administration decided to go the legal route by putting these people on trial we'd be done by now.

Or for example, simply declaring them as POWs, then they could have safely warehoused them for essentially ever if needs be. That's perhaps not justice, but it would have been legal.

Instead we have this needless and embarrassing failure to live by our principles we claim we're fighting for. It is both hypocrisy and cowardice.
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