XDA

I have to say that I lack the brains and ambition to run successfully for even the most minor political office. Therefore, it seems a little like hubris for me to attack the brain power of people who can get into the Senate. But I can't help it. John McCain and Arlen Specter are talking some very stupid talk. I've been all day waiting in vain for someone to quote these two. Nothing. I'll have to go on memory. As you can see, I am an equal opportunity dispenser of criticism. Since McCain was mistreated as a POW in Vietnam, I thought he'd be clear eyed on the issue of incarceration of illegal combatants. I was wrong. Let's get down to it.
Those of us who followed closely the Moussaoui prosecution, the only criminal prosecution related to the 9/11 attack on our country, know that his guilty pleas saved our butts. The case was about to be dismissed because the prosecution could not give Moussaoui the discovery he requested. What a disgrace that would have been. Now, let's look at the recent past. We did not start criminal prosecutions against the Nazi and Japanese soldiers we captured. There is no way. The shear numbers of prisoners of war would bring the system to a halt. We did prosecute war criminals from both Germany and Japan but we did it after the war was over and we only did a few of the many war criminals out there. That's the limits of the criminal justice system during war time.
And we can't give the enemy combatants access to our intelligence (which would necessarily reveal sources and get people helping us killed) and we shouldn't give them access to other enemy combatants. The point is to kill or capture the enemy. When we capture them, they should disappear from the radar screen not become the pen pal of others not yet captured.

"Dear Hassan, I'm in Guantanamo Bay. It is very pleasant here, but I told them all about our terror cell in Islamabad. Maybe, if you have the time, you could tell the guys they should disperse before the predator with a Hellfire missle arrives. Love, Ali."

Criminal prosecutions during war? What a stupid idea. Tribunals like Ex Parte Quirin. Yes. Prosecution like Timothy McVeigh or Moussaoui. NO!