Hi Bill,

One would think from such as David Frakt that 2004 Hamdi through 2008 Boumediene were never decided by SCOTUS; nor that approximately 3 dozen DC District habeas cases and about a dozen DC Circuit cases have uniformally affirmed the legal rule that Gitmo detainees may be held as enemy combatants subject to Common Article 3 of the GCs, if the facts support that status.

In fact, the recent (this summer's) DC Circuit cases have uniformally rejected the arguments made by David Frakt et al (well known in this thread) to use a criminal law standard. Bluntly stated, the courts have accepted detention for the duration of the armed conflict, without requiring criminal prosecutions to be filed. Some detainees (many where the USG conceded its errors) have been freed because of factual findings that they were not enemy combatants.

So, unless SCOTUS completely reverses the DC Circuit, there is no debate.

It's interesting (perhaps, very telling) that the two proponents were non-lawyers - and two opponents were non-lawyers. You'd think they could have turned up at least one lawyer to speak of and for what the courts are actually holding.

Nice to hear from you and that you're still following this thread.

Regards