Now that judges are calling for the release of Guantanamo detainees, what is going to happen to those who are acquitted? Moreover, what makes a detainee a terrorist? The answer so far has been this: the government saying so.
Last week, the detention policy task force declared that it needs more time to work on detainee issues. But as the task force's preliminary report demonstrates, they need not only time, but an entirely new perspective.
As President Obama seeks an executive order to hold suspected terrorists indefinitely and without charge, debates are flaring about the legality of preventative detention. Why is this idea so controversial, and what does the nature of warfare have to do with it?