But that would raise a new set of difficult questions. What would happen with the men being held like Khalid Sheik Mohammed, considered to be a mastermind of Sept. 11? Would courts release hundreds of others, some of whom could join the ongoing war?
As Capt. McCarthy said, "If not Guantanamo in Guantanamo, then Guantanamo where?"
Of the myriad "friend of the court" briefs that have been filed in the case, one that has garnered attention comes from several specialists in Israeli military and constitutional law. In their brief in support of the detainees, the experts argue that Israel, which has "faced mortal threats to its national survival and countless acts of terrorism against its civilian population," has a "vital stake" in assuring that the United States pursues its struggle against terrorism "successfully."
The experts argue that "in an interdependent world threatened by transnational terrorism and linked by converging rule-of-law norms, all peoples are affected by the process the United States affords to foreign national who fall under its control."
The case should be decided by early summer, months before the next presidential election.