Some detainees can't be tried or released

NY Times:

The Obama administration has decided to continue to imprison without trials nearly 50 detainees at the Guantánamo Bay military prison in Cuba because a high-level task force has concluded that they are too difficult to prosecute but too dangerous to release, an administration official said on Thursday.

However, the administration has decided that nearly 40 other detainees should be prosecuted for terrorism or related war crimes. And the remaining prisoners, about 110 men, should be repatriated or transferred to other countries for possible release, the official said, who spoke on the condition of anonymity because he was not authorized to speak about the numbers.

There are just under 200 detainees left at the detention center.

...

But the determination about which category to put each detainee in leaves other questions unanswered. For example, of the roughly 110 detainees who are set to be transferred to other countries, about 30 are Yemenis, the official said. The administration recently halted transfers to Yemen in the wake of the attempted bombing of an airplane bound for Detroit on Christmas — a plot believed to have been developed by an affiliate of Al Qaeda based in Yemen.

...

There is also a question of whether the trials will be by military commissions or in US courts. I think there is a problem if the detainees who are to be kept without trial are brought to facilities in the US. I think it is highly likely that the ACLU or some other group would seek their release and they could probably find some Democrat appointed judge to turn them lose.

Obama's order to close Gitmo was a major screw up and will have negative consequences. It looks like he is bent on sending reinforcements to al Qaeda.