...For my part, I think the release (with some exception) of those detainees was a mistake since it DID permit some of the unlawful combatants to return to the "battlefield." That is EXACTLY what we have a right to avoid.
...
...
The problem is -- as any honest person can see, which explains why you refuse to see it -- that the voluminous number of counts on which the bastard was acquitted shows how dangerous it is to attend to these scumbags using our civilian courts of law as the mechanism. Further, as I have noted, the one count on which the fucker got convicted COULD be overturned on appeal.
Finally, of course, the REAL argument (which you, as expected, simply ignore and evade) is that trying these cases as though they are mere matters of criminal justice entails a whole array of "due process" rights to the "accused," which serves ONLY to put all of us behind the eight-ball.
.....
The real problem here is that you are prejudging the issue and totally disregard the legal process (and I would argue again, have no faith in the legal system).
You start from the outcome and want to reverse engineer the system.
You want convictions. You don't want any potential terrorist captured to be set free.
And from that outcome, you want to build a "fake" legal system that would give you the result you are seeking.
I will requote that first part of your answer:
...For my part, I think the release (with some exception) of those detainees was a mistake since it DID permit some of the unlawful combatants to return to the "battlefield." That is EXACTLY what we have a right to avoid.
Permitting some of the unlawful combatants to return to the "battlefield" equals a process that failed.
Maybe you could explain to us what it would take for someone to be returned to the battlefield? What criteria would that detainee have to meet to be returned to the battlefield?
I really think your argument is based on the outcome you are seeking. You are not willing to let the chips fall where they may. This isn't a way to have a democratic and free society. You have to accept the risks. If not, you could make that exact argument to justify just about any kind of police technique (being arrested for extensive periods but not charged, engaging in egregious profiling, getting rid of search and seizures protections, etc.)
Wrong. "The problem here" is that you are unable or unwilling to view the matter as a problem that exists entirely OUTSIDE of the legal system or notions of "due process" which pertain to legal matters within the criminal justice system.
You WANT it to be a "legal" problem so that all of your arguments "flow" logically from that premise and your conclusion would necessarily follow. But it is not now and never was a "legal" problem. It is entirely a matter of war -- one involving the right of the nation to protect itself from all manner of attacks.
If I were to knowingly point a loaded gun at some random person on a city street, carefully aim and then pull the trigger and let a round fly trying to hit that person's heart or spinal cord or brain, intending to take his life, and if the gun worked properly and my aim were true, and the bullet struck the intended target snuffing out the life of that poor victim, in most circumstances, I would be guilty of murder.
I would be justifiably arrested and be given all manner of due process rights including being given
Miranda warnings, getting a lawyer to help me if I couldn't pay for one of my own, getting the benefit of the rules of criminal procedure and evidence, impartial rulings from a detached judge and an evaluation by a jury of my peers premised on their findings of fact (from the trial evidence if I elect to exercise my right to go to trial). That and a whole lot more. And we all agree that giving these guaranteed rights to the criminally accused is perfectly proper.
But there are some powerful exceptions. If the shooting I did in that hypothetical example came under different circumstances, I might not be guilty of any crime -- so much so that I might not even have to face the indignity of being arrested. For example, if the dead guy had broken into my house in the dead of night and I had exercised my 2nd Amendment right to possess a handgun, grabbed it and intentionally shot the burglar, I would be perfectly justified in the eyes of the law. No crime. Maybe not even an arrest. Even though my INTENT was to kill the bastard. Imagine that.
Now, with that as background, let's get down to the point. If a soldier has enlisted (or a Marine, say) and gone through basic training and has gotten deployed to some world hot spot, like Afghanistan, he is not only permitted to shoot the enemy in combat, he actually has an obligation to do so, normally. No crime at all.
However, it sometimes happens that it proves unnecessary to kill the enemy. Sometimes, when the circumstances allow for it, the enemy may surrender or get captured. Then, they get held. For uniformed legal combatants, they are most often then given status as Prisoners of War. How long are THEY held? Until the hostilities are over. This is to prevent them from having the ability to return to the field of battle where they might cause the death of servicemen and servicewomen on OUR side. There is no "issue" susceptible of a trial resolution. They simply and flatly get detained and held.
Illegal non-uniformed combatants are not legally entitled to the same classifications and are not entitled to the same generous treatment. But when we capture some of the present enemy combatants (the illegal variety, let's not forget), WE tend to defer to the requirements of civilization. We DETAIN them. We hold them. Our objective is to make sure they cannot return to the "field of combat." So we detain them until the hostilities are over.
IF (and I acknowledge that it could happen) there is an issue about whether a particular detainee is actually an enemy combatant, that might require a fair hearing. Not -- by the way -- a "trial" in our courts of law. Our Courts of LAW do have some input, after the fact. The law is settled that such determinations are subject to review. That's an appellate issue, not an original trial issue, however.
But other than that, there is nothing to resolve by way of a 'trial.'
It is not -- despite your desire for it to be otherwise -- a "legal" issue we are discussing here. It is a matter of war and national self defense and the right of any nation to resort to its own sovereign self interest.