[Lazamataz]

While I am not thrilled with this ruling, since they are foreign nationals captured in wartime circumstances, I'm equally not thrilled with being detained indefinately without charges or a prospect of release. There has to be a medium struck. Squeeze info out of them, then if they have killed a US soldier without being under color of another nations flag, try em for murder -- or let em go.

[oceanview]

we will let them go when the war is over.

[angkor]

the implications of indefinite detainment without a declared war

Thanks for mentioning that.

Many people believe we are in a state of declared war, which we are not.

From day one, I thought GWB's failure to demand this of the Congress was going to come back to bite him (and us, America) on the butt.

And now we see the consequences, including Padilla.

I suppose GWB could always go back to Congress and ask for a declaration of war against al Qaeda, et al, but that perhaps has other ramifications I'm not aware of.

[Doctor Stochastic]

By the ususal rules of reciprocity in international affairs, if the US is allowed to go to foreign countries and seize people and hold them without trial, other countries will do the same to us. Libya used to send assassins to kill dissidents in the US for breaking US laws. Keeping the guys without recourse to attorneys is much the same as those countries that kidnap US citizens and hold them without counsel.

Of course, just letting them see an attorney doesn't guarantee that anyone will be set free. Most people executed or doing life in the US prison system had an attorney.