The whole rationale for our war in Afghanistan probably would be exposed to the world as the farce that it is if the Bush administration allowed its "War on Terror" prisoners to use the writ of habeas corpus to challenge their detentions. That appears to be a major reason, if not the major reason, why the Bush administration has for several years fought tooth and nail to deny its prisoners the habeas corpus rights that are guaranteed under our Constitution. And it is also probably a major reason why whenever our courts have over-ruled the Bush administration in specific cases, Bush has released the respective prisoners rather than allow them a fair and open trial.
The whole rationale for our Afghanistan war is based on the presumed refusal of the Taliban to turn over Osama bin Laden, whom George Bush claimed to have perpetrated the 9/11 attacks on our country, to U.S. custody. But there are enough holes in that story to drive a truck through.
The ultimate rationale behind the indefinite imprisonment without charges of many or most of our "War on Terror" prisoners is rooted in the claim that they fought for the Taliban or al Qaeda against our country (when we invaded it). Since we accuse the Taliban of harboring bin Laden, whom we claim perpetrated the 9/11 attacks, and since we also claim that the Taliban knew of bin Laden's role in the 9/11 attacks and yet refused to hand him over to us, therefore the Taliban is guilty of terrorism, and so is anyone who fought for the Taliban when U.S. troops invaded their country.
Since that scenario provides the rationale for our imprisonment of the so-called "terrorists", and would therefore provide the basis for any formal charges that were to be brought against them in a fair and open trial, and since the underlying scenario can be so easily disproven, obviously the defendants' lawyers would attempt to expose that scenario for the fraud that it is if they were given the chance to do so in a fair and open trial. And then the whole house of cards that we call the "War on Terror" would come tumbling down. And then of course, quite a few high level officials would be vulnerable to war crimes charges.
That's it in a nutshell. Let's look at some of the evidence:
