"A federal court heard arguments about the 'detainees' in Cuba, the hundreds we captured in Afghanistan and Pakistan. They don't call them 'prisoners,' because that would imply they are protected under the 'Geneva Convention', and have some rights. The judges say they are not sure they have authority to make the Pentagon give them due process, something we take for granted since it is guaranteed by the constitution. Right now the 'detainees' have no constitution to protect them, not even ours. They've been held for months, without access to legal counsel, without even being charged.
One attorney in the hearings said the U.S. has been involved in many wars, 'but this is the first time we have sacrificed the rule of law.'
The government says the Guantanamo detainees are 'enemy combatants who lack standing in the U.S. courts, because they're being held outside the United States.' That's weak. Since they are being held on a U.S. Navy base, they are certainly under U.S. order and jurisdiction.