I think that part of the confusion (mixed with anger, etc.) is this — it’s about an attempt to mix civilian domestic, criminal law with military matters…This does not, repeat not, bode well for either criminal law or military justice — it messes both up in a hideous way…I think this whole topic is far, far beyond a mere discussion on a weblog…(imo, if you start assessing terrorists held abroad as if they were mere “criminals” — you will get problems, to say the least — in fact, I believe you jeopardize the constitutional foundations of the United States — and many well beloved legal principles held dear in the United States will be put into jeopardy…As has been repeatedly stated elsewhere soldiers are not, repeat NOT, forensic investigators — they are not out gathering evidence for a criminal investigation. Is this understood by all here? I think not. So what happens? Well we get (here in Canada) a terrorist who allegedly shoots and kills an American medic. The Canadian bar association is now obsessed (see Ezra Levant’s website) about freeing this “innocent” man currently held at Gitmo. (another problem, obviously, is the foul admixture of politics and law — yet another hideous outcome…judges are now entering the political arena…the judges now feel free to dictate to politicians and tell them what they are to do…) The upshot, obviously, is that if the terrorist returns to Canada (as the judges are clamoring for), he has not been tried in any court of law, hence, he will be deemed “innocent.” Next, of course, will come the torture lawsuits, since, obviously, there are reams of evidence (manufactured or not) that allege that prisoners held in Gitmo were “tortured.” Thus is the nature (reality) of this obscene, lopsided system of so-called “justice.” (but obviously, it is not “justice” — unless of course one wishes to argue that terrorists deserve monetary compensation based on tales of woe…this is, imo, very reminiscent of the freeing of the Lockerbie terrorist and returning said criminal on grounds of “compassion.” )