Subject: Re: Biden releases 11 from Gitmo
Prisoners of War are treated according to the Geneva Convention. Had they been designated as under the jurisdiction of a military tribunal then the law of the land with respect to them would have been the UCMJ (Uniform Code of Military Justice).
But we failed to do that. We arguably should have done that, though we weren't really at 'war', legally. We chose option C, which was don't deal with it at all. Just hold them. That was illegal. I spoke out against it at the time, and I continue to say that what we did was wrong. We should have chosen either the POW route, or the criminal justice route.