Obama has put new clothes on the Bush doctrine toward "enemy combatants," but the underlying lawlessness of the doctrine is the same. In particular, imagine this: you go to court on behalf of someone in Guantánamo, and the judge has to decide whether there is sufficient evidence to hold him. What Bush said was they can be held as "enemy combatants," and he gave the term a vague definition, such as that the person was hostile to the United States or picked up arms against the United States or belonged to a group that was hostile to the United States. If there was "evidence" those detainees could be held in prison indefinitely, essentially a form of preventive detention. We had hoped Obama would get rid of that entire preventive detention scheme. CCR's view is there should not be a preventive detention scheme -- it's illegal and immoral. What you must do, and what is legally necessary, is to charge someone with a crime, and hold them only if they're convicted. The rule is simple: charge and try people with crimes, or release them. There are not any other valid legal choices.
-- Michael Ratner, "Obama's Natioanl Security State" (ISR).