President’s Detention Plan Tests American Legal Tradition - NYTimes.com
Civil liberties lawyers ... say Mr. Obama has not made the case persuasively that there is a worrisome category of detainees who are too dangerous to release but who cannot be convicted. The reason to have a criminal justice system at all, they say, is to trust it to decide who is guilty and who is not.
“If they cannot be convicted, then you release them,” said Jameel Jaffer, a lawyer at the American Civil Liberties Union. “That’s what it means to have a justice system.”