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Glenn,
how about this:
"And so how to balance creating a process that adheres to rule of law, habeas corpus, basic principles of Anglo-American legal system, by doing it in a way that doesn't result in releasing people who are intent on blowing us up."
Good question. Some of these people have been kidnapped and tortured by us. If they were not nuts before, then they could very well be now. What do we do with them? Maybe we just let them go. Maybe we owe them reources to help them get back to some semblance of sanity. Maybe we owe them nothing but a "bummer dude" here is $50 and a plane ticket back home to Pakistan (or detroit in some cases). Whether they are guilty or not, many (maybe most or all) simply cannot be effectively tried under US law because we kidnapped and tortured them.
