Subject: Re: Biden releases 11 from Gitmo
They're either POWs (which they weren't, apparently), or they were criminals (I would argue the latter). POWs you can hold, criminals you cannot without a trial. We have rule of law for a reason, and we didn't follow it. Not even close.

They were classified as "enemy combatants", which is what they were. To meet the definition outlined in the Geneva Convention, one must

1. Have a chain of command
2. Wear a distinct uniform
3. Not operate or hide among the civilian population
4. Follow the rules of the Geneva Convention themselves

Al Qaeda (and every terrorist for that matter) is 0 for 4. As such, they are not POWs. Given their actions they're somewhat more than criminals but even if they were...the US Constitution does not apply to them.

You've touched on one reason why. Applying discovery, chain of evidence and other niceties of criminal defendant procedure isn't practical.

They should have all been designated for military trials but those were blocked.