The Constitution calls for Speedy Trials, and prohibits Cruel and Unusual Punishment. It does not limit this to the sentencing phase of a trial. It prohibits Cruel and Unusual Punishment period. You might say that tasering also is cruel and unusual punishment, especially in those cases of "granny won't give up her seat at the baseball game so we tased her", or "Johnny wouldn't run along at the shopping mall and even talked back to an officer". In this case, the police have acted as judge and jury and inflicted unconstitutional cruel and unusual punishment on a "suspect" (as if we really think they broke a law), or simply someone who constitutionally exercises their right to free speech.

I'm no constitutional scholar, but it's really hard to imagine by what criteria a trial of possible terrorists that takes place 6-8 years after apprehension could be deemed a "speedy" trial, nor how various water boarding, stress positions, isolation, beating heads against wall, induced kidney failure and simply incarceration with no due process could be not seen as "cruel and unusual punishment", even without the unnecessary condition that it comes as part of post-trial sentencing.

I suppose the government might argue that it's speedy because "we did at as quick as we could get our shit together", a state of cohesion that still appears to be far on the horizon. Arguing that waterboarding is not unusual because they did it in the Spanish Inquisition and Khmer Rouge cells would no doubt be ballsy. (Even ballsier would be using Hussein's torture chambers to establish precedent, but I'm sure folks have prepared this line of defense). And perhaps it's not "cruel" because only 100 people or so died. But I don't quite recall any other cases of incarcerated menstrual blood harassment in any other primitive age, though I guess that Article states "Cruel *AND* Unusual Punishment", not simply "Stupid *AND* Unusual Punishment", or even just "Unusual Punishment". So if they can keep the beating cases separated from the "forced to wear women's panties on their heads" cases, they might just have a chance at a real Article III court. Except for those pesky words, "speedy [and public] trial". I guess if we compare it to global warming or the slow erosion of mountain ranges over eons, they may have a loophole. And God knows, between being convinced Jesus Freaks and nimble wordsmiths, loopholes in the Constitution was what they were after. No need for judicial interpretation, when we have executive interpretation (and legislative abnegation).

Well, in our topsy-turvy little world, we get lots of opportunity to redefine ourselves and dumb down pesky things like ethics and morals. Now that we've won the election, guess it's okay to rig the Constitution for ourselves, wherever we think that's leading. But then again, we've had enough of leading, now it's time just to follow.

Oh, Glenn Greenwald addresses one of the most important issues, that now Obama's a "War Leader", so has to have that additional discretion to incarcerate and suspend the Constitution. And that we've only been under various conditions of war for the last 70 years, aside from possibly Jimmy Carter (and his brief failed desert rescue). Guess the troops won't be complaining about Obama not inhaling though, thank God for that. Wonder if he'll adopt a codpiece like his predecessor? Really rouses the troops, I hear. Even the media troops.  

• Sixth Amendment - Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

• Eighth Amendment - Prohibition of excessive bail and cruel and unusual punishment.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.