I can understand the argument that these prisoners do not even deserve Geneva rights (since they are not uniformed soldiers), much less anything in US courts.
All I was saying was, the reality is that we brought these prisoners to Gitmo, and the courts already injected themselves into this by granting them habeas rights and lawyers, etc. the use of military tribunals is bottled up right now by that. this law is an attempt at least to end that - to give the military control to try them and sentence them, so long as they can meet the hurdle of whatever standards are used to judge the military tribunal apparatus as "fair". the initial cases will go all the way to the SCOTUS I am sure. but these prisoners are not getting trials in the US criminal system, this law does not provide for that.
I am sure most of us are aware that with this modification:
"Under the agreement, prisoners who receive a punishment of 10 years in prison to death would receive an automatic appeal to the U.S. Court of Appeals for the District of Columbia Circuit. Lesser sentences would not receive automatic review, but detainees still could petition the court to hear their case."
This may very well open the Pandora Box.