Scalia said bluntly that "foreigners, in foreign countries, have no rights under the American Constitution." In reference to detainees receiving civil court trials instead of facing military tribunals, Scalia said of a prisoner, "If he was captured by my army on a battlefield, that is where he belongs. I had a son on that battlefield and they were shooting at my son, and I'm not about to give this man who was captured in a war a full jury trial. I mean it's crazy."
No, you should treat them according to the Geneva Accords, but since our President has decided that they no longer apply, then you have to establish some level of human rights protection.
Or, maybe, we can just throw them in a black hole and forget them, that seem to the position that Judge Scalia has already decided is best.
A group of retired U.S. generals and admirals has aksed Scalia to recuse himself in this case.
Any bets as to if this will actually happen.