Is there a point of law here, or is the judge improvising?
A very good point. Is there a precedent for this or is the left just winging it as they go along? Do these people ever give up? Why do they continue to beat this dead horse? This is just another ploy to keep this Gitmo nonsense alive. Apparently they are the only ones who don't understand that probably only about 10% of people in this country even care about this non-story anymore.
In the order you asked: No, and Yes.