re: #187 webevintage

Actually, there were a whole host of Supreme Court cases, and each had to work their way through the appeals process before any tribunal could proceed. Holder’s firm was among those representing detainees in the process. The MTA was first deemed unconstitutional, and Congress with the President working together, reworked the tribunal system to make it operate in accordance with the Supreme Court ruling.

Now, we’ve got Obama pushing a bifurcation in trial and tribunals depending on the amount of evidence, rather than trying everyone in tribunals. It’s a tacit recognition that tribunals are acceptable venues for dealing with the detainees, and therefore all should have been treated as such.

The problem is that the tribunals were excoriated and denounced roundly by the Left so Obama is pushing ahead with the trials, and some will get tribunals that may end up with still more lawsuits that affect their operation - up to and including invalidating the tribunals altogether because of the disparate treatment of some detainees.

Oh, and Obama and Holder admit that some detainees will never see the inside of a courtroom under either tribunal or trial because of evidenciary issues and that regardless of outcome, some will never be released (including KSM).