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"detainees" vs. "POWs"
Actually, Doc, these people are (according to the Bush cabal) "detainees," and not "prisoners of war" or even "prisoners." You see, according to the Bush administration we are in a "war," but because "terrorists" are not soldiers of a particular government, they don't count as POWs.
It is this semantic maneuver that supposedly justifies their being kept under those conditions, without access to legal representation. Furthermore, these "detainees" are not American citizens, and are therefore not subject to Constitutional rights. That's the argument, anyway.
The entire Guantanamo Bay detainees story is a travesty of justice, and one of the worst violations of the Constitution under the "war on terror."
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