I recently re-read the constitution of the United States. I paused at length when I read the Thirteenth amendment, section 1, which I will record here.
"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
The last seven words of this article seems to me to be very clear. Guantanamo is subject to our jurisdiction. We are holding prisoners there that are not convicted of a crime, or war crime. We have not given them prisoner of war status.
If one turned the situation around, it turns out that right or wrong, most of these people would tell us that they were defending their country from invasion. From their standpoint, that makes them patriots, not criminals.
I believe that the time is overdue to separate the true criminals from those that were simply captured in combat. Try the guilty in a tribunal such as was conducted at Nurenburg, and send the rest home.
We cannot scrap the constitution just because it is more convenient. It's there in writing for all to see. We must obey.