The only trials the prisoners of WWII got were after the war ended, and they were only given for war crimes. So please tell me what due process these prisoners are not getting that WWII prisoners did get?
We haven’t declared an “official” war since WWII and I’m pretty sure whatever you want to call them, there were a few wars fought since that time.
So if declaring an “official” war is an issue here, then the Congress should pass a law stating that any person or group that engages in hostile actions against the US shall be considered members of a larger group (give it some lawyered up name) and declare war on them. The Congress has authorized the use of military force against these groups, so screw it, and take the last step.
Using the military against “criminals” seems a little extreme, so are we at war or not, that seems to be the main issue here.
But in my opinion, the fact that these groups have
declared war on us is enough to make it “official” no matter what we do.
But maybe we should just move Gitmo to D.C. and be done with it.