Holding prisoners indefinitely without a trial is something that really pisses off human rights activists and human rights lawyers. If you don't "get" why, maybe you can just accept it as a fact which mystifies you.
And human rights activists and human rights lawyers are very vocal people, who tend to get attention from people in government in civil societies because they have similar points of view. Also journalists, college professors, scholars, poets, the type of people you should want on your side if you're in charge of a civil society, a democracy that takes people's opinions into account.
The Guantanamo prisoner's right to habeas corpus hearing to establish their status was awarded two years ago, Hamdi, in 2004.
The Hamdan ruling, last month, was that the type of procedure being used in these hearings since the Hamdi case was unconstitutional. (Also some other things, I still am digesting it.)
So, just take it as a given, the administration can drag their feet but they lost this one.
If you want a feel for how this plays among civil rights types, brush up on Korematsu. Our very own Smithsonian has a big exhibit on Korematsu that promises "never again." Ha. |