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Because no POW has ever been given a trial? Very few insurgents/spies/saboteurs have ever been given habeas corpus in a time of war?
The fact of the matter is capturing combatants in a combat situation can not lead to enough evidence to pass a modern trial. Any half-retarded lawyer can say everything is unprovable as there's no fingerprint evidence, other witnesses outside of the soldiers who picked him up, et al.
Effectively the lawyer can use the same defense and get hundreds of people off. "Where's the miranda rights?"
In regards to closing Gitmo, I say put them in general prison population and let them be handled like child molesters get handled.
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"Smite the rocks with the rod of knowledge, and fountains of unstinted wealth will gush forth." - Ashbel Smith as he laid the first cornerstone of the University of Texas
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