Bush = Enemy Combatant ??

And while we are talking about Justice... and the American Justice System... my friends and legal scholars, please tell me, is there anything at all to prevent President Obama from declaring Dubya an "unlawfull enemy combatant" and wisking him off to a secret prison in Tajikistan on Jan 21st??? Then they could torture confessions out of him, including the hearsay evidence necessary to convict Rumsfeld, Cheney and Rice in the "Commisions" that Dubya himself created. And all of this could take place in secret with no access to lawyers or the press or to International Red Cross. These high value detainees could be held in sensory deprivation until they mentally resembled furniture, and at the same time the Obama administration could constantly claim that these terrorists are far to dangerous ever to be released. All that could happen, couldn't it?