Even as a desperate hunger strike by detainees at Guantanamo prison camp continues, with dozens in medical peril, preferring death to the lawless existence of indefinite detention and ongoing planned (or some might say, capricious) abuse, human rights and civil liberties activists often point to the Article II courts as an alternative in the prosecution of “war on terror” crimes. But an examination of actual cases prosecuted in the criminal courts shows that use of accepted rules and appeal procedures merely produce their own version of unfairness and arbitrary injustice.