In essence the appellate court adopted the government’s contention that the earlier proceedings against al-Hela and the use of classified intelligence to justify his detention did not violate his acknowledged constitutional right to due process. In so doing, the court was parroting the government’s two main arguments that had been used successfully in scores of prior detainee trials. The first was that federal courts should find that due process does not apply to Guantánamo detainees. The second was that even if you, as the judge, do conclude that due process applies in general to the cases brought by detainees, it doesn’t matter because the detainee got due process anyway
Source: (16) THE SINS OF GUANTANAMO ARE STILL WITH US – Seymour Hersh
