This could be an early test for the next administration. The men, ethnic Uighurs (an oppressed Muslim people of western China), were captured by Pakistani troops in Afghanistan in 2001 and handed off to the US. (Afghanistan borders western China.)
A federal judge has ruled they should be freed, but the Bush regime has blocked their release.
At every turn, the Bush brigade has trampled their rights under domestic and international law. To this day by stipulation of the Department of Defense, they are chained to the floor through meetings with their lawyer, Sabin Willett.
Here is the Orwellian logic of the US Department of Injustice, quoted in the Guardian article:
[T]he men "are linked to an organisation that the state department has labelled to be a terrorist entity, and it is beside the point that the organisation is not 'a threat to us' because the law excluding members of such groups does not require such proof.""Linked to a terrorist entity" . . . . After seven years of Bush crimes against humanity, we have a sense what that does and does not mean. We know that someone "is linked" just in case the Bush administration asserts that there is a link.
"The law . . . does not require proof" . . . . Well, the Bush administration has never required proof — never even required evidence — of something to proceed with attacks, injustices, an entire war.
The Bush standard for seven long years has been "If it might be the case, proceed as if it were the case. Assert what ever is required, lie as 'need' dictates, regardless of proof or evidence."
This hasn't been a bootstrapping technique, which requires something like a foundation or rational starting point. It has been nothing more than outright fabrication, from start to finish. Purely, utterly circular. A true Catch-22. "They are in our custody. They must be their for a reason, because we make no mistakes. Therefore, they must remain in custody."