Brody wrote:

beyond bizzare.. by this logic, every Jap and German POW should have had
a US lawyer and his day in a US court, and presumably release on bond
until his court date


Most of the people at Guantanamo were turned-in for bounty or otherwise
the result of something other than capture on the battlefield. If they
are POWs, this ruling doesn't apply. They are to be held under the
Geneva Conventions, which do not allow torture.

There is no Declaration of War in effect right now, unlike the Japs and
the Gerrys.