They did shoot him-during a firefight-in a war zone. People do get killed in firefights in war zones. He was sent to Gitmo at 15 years old, a place where 3 separate USSC decisions claimed that methods of interrogation were illegal. He was tortured and then confessed to a bogus US military commission, and kept for 10 years total without access to any proper court. Bush said that was OK because HE decided that habeas corpus did not exist at Gitmo. It's not hard to find a strong basis for a court case amongst all that.