[FairOpinion]

It still sends a message to the terrorists, that we don't have the will to get as tough as necessary.

Excerpt from Al Qaeda training manual:

"UK/BM-176 TO UK/BM-180 TRANSLATION Lesson Eighteen
PRISONS AND DETENTION CENTERS
IF AN INDICTMENT IS ISSUED AND THE TRIAL, BEGINS, THE BROTHER HAS TO PAY ATTENTION TO THE FOLLOWING:
1. At the beginning of the trial, once more the brothers must insist on proving that torture was inflicted on them by State Security [investigators] before the judge.
2. Complain [to the court] of mistreatment while in prison."

http://www.usdoj.gov/ag/manualpart1_4.pdf

[TheDon]

It still sends a message to the terrorists, that we don't have the will to get as tough as necessary.

In regards to the US Senate, they probably are getting the right message.