Isn't the problem Guantanamo itself?
We've been hearing reports of questionable practices at Guantanamo Bay for more than two years now. The place is an abomination--not a POW camp, nor a jail, but something undefined with all the rules of Calvinball.
I know folks on the right object to treating the "war on terror" as though it were a criminal matter, but could we at least consistently treat it as though it were a war? This "9/11 justifies damn near anything" mindset is dangerous--as we're now seeing.