SOLUTIONS/FIDELL: What should the U.S. do about Gitmo?

"any trial ought to be in the regular federal courts" So such for the intelligence of lawyers. You can't try the gitmo detainees in federal court as the Constitution states that all trials must be held in "the State and district wherein the crime shall have been committed." Since all of the Gitmo detainees are being held in connection to crimes committed OUTSIDE the territory of the US, there are only two options available, continued detention without trial or a military tribunal trial. I'm surprised that a "military lawyer" is so mistaken about US Constitutional law as to fail to recognize this truth. Oh, and for anyone who thinks that the US Government is violating the Constitution by holding foreign nationals "against their will" at Gitmo: I suggest that you study the Constitution as it clearly states that Congress has the authority "To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations." It's this last part, "Offenses against the Law of Nations," that is relevant here. Congress DID define terrorism as "Offenses against the Law of Nations" and they DID give the President authority to capture and detain these men at Gitmo as a mean of punishment for those crimes when they voted for, and pass, the US Patriot Act. If Congress wishes to revoke that Act, that is their choice but, until they do, the President can order those men detained for as long as he sees fit, and there is noting those men, or any "military lawyer" like Eugene R. Fidell, can do about it, except for continue to offer nonsensical opinions in the newspapers, which is a harmless, yet fruitless, endeavor.

The issue at GITMO is tied to the issue of terror. As long as we look at it from a law enforcement legal perspective, it will remain an issue to be tolerated and not resolved. Just like Mr. Fidells solution it will remain festering and growing for as long as we pander to it. Mr. Fidell's solution may save time but it won't save lives.

we could drop off all the slime that has been detained at gitmo in washington d.c. no one would notice them there, they would fit right in.