Not condoning torture, I just see a huge imbalance in the way we Americans beat on ourselves for our actions, and yet never seem to mind our fully uniformed and recognized soldiers not being given any accordance to the Geneva Convention.
Do you really want to follow the letter of the Geneva Convention? Good, charge them as POWs, and put them in a POW camp and hold them until the end of hostilities. Exactly, how would you define the end of terrorism? And, where do we repatriate them too, when it's over?
The ruling of the Supreme Court dealt with deviations from the Geneva Convention, on what kind of court it should be, a commission, or a full military tribunal. The Supreme Court has not dealt with the torture issue.
Oh, and I believe most of these prisoners where picked up in Afghanistan. A internationally recognized action of self defense, against a non state aligned , non uniformed gang of terrorist.
Personally, I believe there are better ways of getting information than torture. Seems a little dark ages to me. I say fix it so that it does not happen again. Besides, if Hillary gets into office, Bush can always just buy a pardon.