[jwalsh07]

In an older hearing, the SC had to fill in that gap, since habeus corpus is a constitutional right.

If habeas is a "constitutional right" granted to terrorists in GITMO, then why isn't it a "constitutional right" for POW status prisoners in Iraq?

[AndyJackson]

The problem is that you are bloviating without having read the decision. In Gulf War 1, the army set up tribunals to establish the status of prisoners of war before categorizing them as POWs illegal combattants, etc. In Afghanistan and GWII the goverment kind of skipped this step, sent a bunch of folks off to Guantanimo and left some to rot, without any sort of tribunal to classify them as such.

Said tribunal is required even in US Army regs, believe it or not. It is how business is done.

As to the status of POW's in Iraq, it is somewhat OBE, now that the Iraq government has sovereignty and as they have been turned over to the Iraqi government.