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Originally Posted by SmokeyTheBear
the long and the short of it is none of the people there have broken any law. If they have they should be tried and convicted of it.
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There have been hundreds and hundreds released without trial...because it was determined that they were not a threat to the USA or any other country. Several of those in that group have been either killed or recaptured as they returned to battle/terrorist activities.
There are around fifty or sixty that are currently determined not to be a threat and we would like to release them but at this point in time no country (including their home country) will accept them.
The reason others have been held without trial is because there has been years of legal battles in the courts...up to and including the Supreme Court...as to the legality of trial by Military Tribunals as set up by the previous administration. Recently...due to Supreme Court rulings a few have been tried and convicted and I assume there will be others tried and convicted. The wheels of justice often turn slowly and there is nothing new about that.
There may be a few that will never be tried but still held indefinitely as apparently it has been determined that to give them a trial could affect our national security. At some point I expect that this will be given further consideration and all will either be tried or released without trial as hundreds of others have.
The law that has been violated is international in nature. The detainees at GITMO are not members of an organized military of any country and yet were on a field of battle and in theory engaged in/assiting battle which precludes them having the status of POW's. They are civilian "enemy combatants".