[miel]

Sure: "The President shall be Commander in Chief of the Army and Navy of the United States ..."

This places decisions about the conduct of war in the hands of the Executive branch, not the Judicial branch. Conduct of war necessarily includes identifying the enemy and endeavoring to render the enemy hors de combat, i.e. out of the fight. This entails killing the enemy, wounding the enemy and/or capturing and holding the enemy prisoner.

Observe that the judge correctly noted that the military may properly detain the man as "something akin to a prisoner of war until hostilities between the United States and Al Qaeda and the Taliban end even if he were found not guilty in this case." This is an opinion the judge and I share with the best and brightest of the Bush and Obama administrations.

OK, are we taking this in the context of strict construction?

If so, who are we at war with? AQ and the Taliban are nebulous entities at best.