Trust the Executive Branch?
Liberals tend to trust the government to do right in social spending. Conservatives tend to trust the government on security issues. I’d suggest we do neither. It seems some appeals court judges agree.
Allowing agents of the executive branch to simply declare someone outside the court system is ridiculous. I have a hard time understanding why someone would trust the executive branch to police itself on that matter. If nothing else there is the embarrassment of admitting one’s mistakes. That’s why we have a judiciary in the first place.
Reviewing after they are captured doesn’t present a security hazard in the field. It is only a hazard to those who are afraid to correct their own errors.