Poulos thoughts on yesterday's Supreme Court ruling:

Gitmo is a hodgepodge of freaks, has-beens, brutes, and hapless extras. Some detainees ought to be there because of what they’ve done (enemy combatants). Some of them ought to be there because of who they are. But for every handful or so of those characters, there are random Uighurs and others who seem to be “unreturnable” to their place of origin. Any commentary on Guantanamo has to start from this point of departure, I think.

But the real problem is the interminable detention period, which has no reasonable judicial excuse. The dissenters are quite right that America has offered a quite generous set of procedural protections for enemy combatants. But these are mocked when a detainee is an indefinite prisoner with indefinitely incomprehensible status. The problem is not the legal process but what happens when the federal government holds that process, at its whim, in open-ended abeyance.

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