They got shot down after the Supreme Court handed out its Boumedienne decision, and now they want to try again. All they actually have to do is officially declare "War" or issue a letter of marque and reprisal, and they wouldn't have these problems of how to handle those captured in US military operations in the mideast.

But hey, who would want those guys and gals in DC to actually keep their oaths to defend the Constitution?

http://www.lewrockwell.com/barnett/barnett19.1.html

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