The LAST thing we need is judicial control over anything. let alone Gitmo. Our judges think they are an exceptional class of superior beings, sent to guide us to the right results [as they see them], no matter what WE think, ignoring the fact that most of them get on the bench by nuzzling some ward heelers' buttocks. Don't like a law? Judges ignore them. Don't believe in punishment? Sentence a child rapist to 60 days so HE can get therapy. Feel constrained by the folks that wrote the Constitution? Make it a "living document" that only "Feelgood" Marshall, Earl "The Pearl" Warren, William "Zero" Douglas, "Empty" Souter, "Ruth "Vader" Ginsburg, Harry Blackmun and the rest of the lefties can "read" correctly. No! No judicial oversight. I'd like to get some useful intel. out of Gitmo.
Is that the reason why you don´t try your inmates? I´m still looking for the reason. Your administration fears that the judges could ignore the law or that the could be insufficient? That´s not an excuse, you better find a solution for this problem.