Quote Originally Posted by dragonrider
The whole problem is that the governemtn is trying to have it both ways. They want to say that they are not POWs so that the Geneva Convetnions do not apply. And at the same time say that they are not normal civilian criminals who have a right to due process. They need to pick one or the other OR create a third legal status that the court will recognize as legitimate. Right now, it seems the court does not think the third legal status is legitimate.
Excellent point.
But as for the third status- I'd expect that a court would not accept it retroactively. You can't change the rules of the game after it has been played, and then declare yourself the winner.