No evidence, but we’ll keep you locked up anyway

Salon’s Glenn Greenwald notes the lead paragraph in a New York Times story Saturday:

WASHINGTON — The 48 Guantánamo Bay detainees whom the Obama administration has decided to keep holding without trial include several for whom there is no evidence of involvement in any specific terrorist plot, according to a report disclosed Friday.

The report itself concludes that “for many detainees at Guantanamo, prosecution is not feasible in either federal court or a military commission.”  Greenwald comments:

They can’t even be prosecuted in the due-process-abridging military commissions we invented out of whole cloth for those who can’t be convicted in a real court.  In other words:  of course we’ll provide a fair tribunal for proving your guilt — as long as we’re certain we can convict you — otherwise, we’ll just imprison you indefinitely without charges. All this even though 72% of Guantanamo detainees have been found to be wrongfully held since the Supreme Court compelled habeas hearings in 2008.  And then there are the numerous Yemeni prisoners who have been cleared for release but who will be kept in a cage anyway because we arbitrarily decreed that we’re not going to release even innocent prisoners back to Yemen.

The whole post is worth a read, as Greenwald nearly always is.