[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.

[oceanview]

the Dem Senate would never have voted for it after 9/11, and with a one seat majority and people like Specter and Snowe et al, we could mever win that vote.

[John Beresford Tipton]

"declaration of war against al Qaeda, et al, but that perhaps has other ramifications"

This decision has nothing to do with that, it went off on the status of Gitmo.

Govt does not want to declare war, would make all provisions of Geneva Convention on Prisoners of War applicable.

War is traditionally between states; we never declared war on a non-state.

[DugwayDuke]

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

And, many people, such as yourself continue to believe the fiction that we are not in a state of war. If you dispute the fact that we are not in a state of war, please provide the Constitutional references that support your position.