Quelquefois, mes amis, I compare the prisoners at the Legal Black Hole that is Guantanamo with Dreyfus. France a hundred years ago accused Dreyfus of espionage, unfairly convicted him, and sent him to a Caribbean hell-hole to die an early and unlamented death.
France 100 years ago had one Dreyfus: the United States has forty-six.
Kevin Drum at Mother Jones reports today [I reverse the order of two paragraphs]
There are lots of Guantánamo detainees who have no near-term prospect of being prosecuted or released, but still could be if circumstances change. However, even if we handled every single one of them, there’s still a hard nut of 46 prisoners with no recourse at all. They will never be tried, and they will never be released.
The formal classification for these prisoners is “continued detention pursuant to the Authorization for Use of Military Force (2001), as informed by principles of the laws of war,” as you can see in the excerpt below.
I think I’ll pass.