(UNEDITED) As a presidential candidate, Barack Obama criticized President Bush's unconstitutional "military commissions" trials for terror suspects. As President, he continued Bush's policy of detaining them indefinitely, and torturing them without trial, or charges, in violation of the Fifth, Sixth, and Eighth Amendments of the Constitution: "No person [including terror suspects] ... shall be deprived of life, liberty, or property, without due process of the law", "habeas corpus", a "speedy and public trial, by an impartial jury", "counsel for his defense", or receive "cruel and unusual punishment", etc., even during wartime. Both administrations denied these rights to military prisoners, including American civilian whistleblowers, like torture victims, Donald Vance (for 97 days), and terrorist suspect, Robert Arar (for 3 years). Both won federal lawsuits.
Our constitutional "due process" provides a pretrial presumption of innocence, and an "impartial jury" trial, to objectively determine guilt or innocence; to protect the innocent, and determine what punishment fits the crimes of those found guilty. The guilty-until-proven-innocent method was the basis for the mock-trial kangaroo-courts of Communist Russia and Nazi Germany where guilt and executions had been predetermined.
The Declaration of Independence reads: "We hold these truths to be self-evident, that all men are endowed by their Creator with certain unalienable rights"
Civilian courts and military courts are bound by the Constitution, whether suspects are tried in America or elsewhere, like the Guantanamo Bay Prison.
Our military is also obligated to the 1949 Geneva Convention Treaty, which guarantees POWs "due process of the law". It prohibits forceful interrogation beyond name, rank, and serial number. Military prisoners are presumed to be patriotic law-abiding citizens of their native country, and innocent of all wrongdoing until a court determines otherwise, when constitutional courts are available.
Obama is more tyrannical than Bush was. He believes he is above the law, and can execute any foreigner or American citizen he suspects is aiding terrorism without trial, according to the Washington Post. He stated: "Terrorists should not be able to hide behind their passports and their citizenship", in defense of his "assassination list."