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You could very easily make the argument that they are not prisoners of war. There are other aspects of the Geneva Convention that could possibly exclude terrorist prisoners as well.
However, the Geneva Convention is not the only treaty the US has approved and signed that bars torture. In April 1988, the United States signed the "UN Convention Against Torture." This bars all forms of torture regardless of their prisoner status.
As such, Eric Holder's entire opinion in invalid, along with any other argument that tries to say we're outside the bounds of the Geneva Convention. The Geneva Convention is familiar to people and supporters of the previous administration tried to use to to rationalize torture to the American public.
It seems ridiculous to try to justify torture based on a technicality, even if the Geneva Convention was the only reference to torture.
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