Subject: Re: Biden releases 11 from Gitmo
The US Constitution does apply as soon as we take custody of them. The Constitution limits our government, and what it can do. It cannot detain someone indefinitely without trial, exercise cruel/unusual punishment, and other such things. The Constitution isn't concerned with "is it practical".

I would have been OK with military tribunals. At least that's something. It's a form of rule of law. What we did was nothing about law, except in its avoidance of it. So now if we pursue actual legal routes, we already know they will go free. Too many rights were violated. May as well just release them, or we are as bad as they say we are.