Yes, but if you're caught by terrorists, they chop your head off on tape and send it to America for his family to see. Only 3 Prisoners of the War on Terror have been "tortured" which was just waterboarded. If you're caught in Iraq shooting an RPG at American soldiers, you probably dont need a trial. I'm sure that the excuse of "oh.. I was um... deer hunting" wouldn't get you past court. If I got the time, I'll put in the whole artical.
I come from the school that says it doesn't matter what the other guy does, you're responsible for what YOU do.
The fact that terrorists are evil enough to decapitate shouldn't affect how we manage OUR prisoners. I'm not talking about waterboarding, by the way -- I'm talking about the memos that claimed legal justification for extraordinary questioning methods "short of death and organ failure" (or something like that, as I recall.)
You're also completely bypassing what I think is the KEY question at Gitmo - are the people held there really fighters? Are they POWs, or were they caught up in a net unjustly? The recent court case about the Chinese resistance fighters seems to imply that some people have been imprisoned for YEARS without ANY evidence that they were guilty of anything beyond being in the wrong place at the wrong time.
Now, this newspaper guy is clearly being inflammatory to make his point (or he's a weak kneed hand wringer), but honestly I have trouble defending the morality of some of what we're finding out.