We’ve been holding enemy combatants… for 230 years in various facilities. There is nothing punitive about it. This is not a legal proceeding. There is no need to bring charges. They’re being held because they were identified on the battlefield as threats to our forces.
Does this mean that if and when a hostile government captures American troops “on the battlefield,” and holds them captive in perpetuity, without trial, without being charged, without any kind of process or trial — the Bush administration would let the matter rest? Would they just say, “Those are the breaks, war is hell” and let the troops rot?