So I just finished up writing the previous post, and the very next thing I read is:
“So the Obama administration is all for due process, as long as it produces the correct result. Obama already has said that Guantanamo detainees who cannot be successfully tried by military commissions or civilian courts can still be imprisoned indefinitely if they are considered too dangerous to release. Now Johnson is saying that even those who are prosecuted can be kept imprisoned regardless of the verdict. The only point of prosecuting them, it seems, is to create an impression of due process while continuing the Bush detention policies that Obama condemned during the campaign.”
Ahem, what now exactly? Those are called 'Show Trials' and the Soviet Union specialised in them. They were and are political and social theatre, having nothing whatsoever to do with impartial justice.
'... if for some reason he is not convicted for a lengthy prison sentence, then as a matter of legal authority I think it's our view that we would have the ability to detain him.' Hmmm, that reminds me of something someone said during the Bush presidency...
Can't be though, because everybody including President (at the time Senator) Obama said that Bush was riding roughshod over the constitution (although the US constitution has nothing to say about prisoners of war and who qualifies as one), tradition and justice. So it can't be.