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Detainee policy in this war is hard, it's complicated, but we must get it right. We would be better off as a nation if we could close Gitmo safely and start a new prison that he could use that the world would see as a better way to doing business.

Now, unfortunately, some prissy card-carrying members of the U.S. Constitution have made us all look bad by pointing out that many of the Gitmo detainees weren't guilty of anything. Whoops!

I do not propose that everyone in Guantanamo or its evil twin at Bagram is innocent. I just don't believe we should incarcerate people without trial and torture them or facilitate and profit from their torture.

The military tribunals currently underway at Guantanamo Bay create a clear legal process, as affirmed by the U.S. Supreme Court in Hamdi v. Rumsfeld, for adjudicating the cases of these terrorists, when possible. Those efforts would be severely undercut by moving the detainees to the United States.

Many of the vicious criminals held there have been caught on the battlefield fighting against American troops and shutting down Guantanamo Bay would just require the military to move them elsewhere.

The U.S. prosecution service is eating at the soul of the American republic. It is an absolute danger to everyone.

If we were brought to trial for the crimes we have committed against ourselves, few would escape the gallows.

Maybe... there is a perfectly reasonable explanation for unlawfully detaining 120 people. Maybe they just got carried away with last year's idea of pre-emptive strikes and thought, 'Let's not wait for an actual crime to occur. Let's get the innocent.

The United States is holding hundreds of suspected terrorists in prisons at Guantanamo and elsewhere. Many are locked up indefinitely. They have not been tried or even charged with any crime.