The problem is we are still at war with Al Queda.
Let the guy loose, and he returns to the fight.
Normally, POW are released when hostilities cease. That may be years or even decades from now.
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I agree, but it would appear that in eight years, probably less, he will be legally free. By treating the enemy as criminals rather than combatants the US is creating an incredibly stupid situation. He’s a prisoner of war, he should be kept in a POW camp until his side surrenders no matter how long that takes.