Belz...
Fiend God
You point to a genuine and substantive issue. There's a balancing act that has to take place: on the one hand, it's not good to hold innocent people, but on the other hand, not only is it bad to let the guilty go, but it's ALSO bad to spend a lot of resources processing the guilty. And the terrorists know that: they know that they do us harm even by tying up cases in courts, they know it costs us a whole lot of money, and they try to do that as much as possible. Opponents of Guantanamo have been focused almost solely on the problem of holding innocents. But what about the latter problems? What happens when you willingly provide the enemy with a reward for creating exactly this sort of confusion? The enemy will create more of this sort of confusion. Encourage bad behavior, and you get more of it. And that behavior endangers innocent civilians just as much as overzealous prosecutions, if not moreso, since hiding among civilians gets those civilians killed. Even on the basis of concern for innocents abroad (and not the risk or cost to ourselves), it isn't clear that maximum possible diligence to the rights of prisoners actually provides the most protection.
So, how exactly should we balance this? That's a legitimate question, and there simply are no easy answers. But pretending like only one of those problems exists is a pretty sure-fire way to arrive at the wrong answer.
That, however, I can agree with.
