I do agree with you that option #2 is the appropriate way to prosecute the war on Islamo-fascist terrorists. However, in our media culture I don't think there's any possibility that we can successfully follow that route. I would not like to see ANYONE on our side held to some legalistic approach to ROEs and UCMJ while they are battling the most depraved and ruthless forces in the world today. Unfortunately, the lawyers and the media and the politicians will not allow reason to prevail in these matters - the prefer the narcissistic moralism of pretending that they are superior to all, as when Murtha recently smeared every WWII airman with his offhand condemnation of US aerial bombardments in that era.
Also...don't forget that 3 of the MOST critical of the troops re: their treatment of the enemy are supposedly Republicans, McCain, Graham, and Warner...
They would be the FIRST to go on TV and start screaming about the injustice of NO TRIALS...or having the Marines paraded in front of the world.
Of course Murtha would he there, but I have a feeling that McCain would quickly shove him aside to look like HE is the ringleader.
This Hastert/Pelosi/Frist thing about the FBI searching Jefferson's office has shown us how out of touch these politicians are with we in the "real world"...
So, I have no doubt that McCain and gang would truly feel that they would "score points (votes)" by forcing #1 choice.
Yep. Isn't it ironic that it is the very high sounding moralist who are the cause of our dilemma.