Why are people so blind about Club Gitmo? ?

First our troops can`t be captured as "prisoner of War" in Iraq or Afghanistan because we are not fighting a country`s military and are not at war declared by Congress. So Iraqi and Afgan citizens that are fighting the troops don`t have to fallow Prisoner of War guidelines. The way I see it is that if Republicans could not gather the evidence to prosecute the prisoners then they failed and have to let them go.