We are talking about the letter of the law here. However, it is good to keep in mind that there was a Guantanamo case that previously went to the Supreme Court or a detainee that was simply Osama's taxi driver for a month. He was disallowed legal counsel unless he confessed first. He was then tortured. Testimony for that torture was entered as evidence at the GITMO court. The guy's JAG lawyer committed career suicide by appealing (and became one of my role model heroes). It went all the way to the Supreme Court and they upheld the rights of the detainee.

My point being, this is not exactly about the letter of the law, it is a grossly over abusive kangaroo court system outside of the normal US court system.

This court case started the Republican lawyers scheming at ways around the decision. So they made the GITMO court system justified under war powers with special legislation.

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