You practically answer your own loaded question. The man was released. I trust the military commissions to deal with the problem, and I am perfectly willing to err on the side of safety for the American people in the context of Islamic terrorism. I heard many of the same arguments about Padilla, who was, for a while, a cause celebre of the left, but turned out to be a thug and a terrorist.
“The man was released.”
Yes, he was released because he had a hearing where he learned the evidence against him, exactly what the Gitmo detainees were asking for and what the Hamdi decision grants. Before the courts and congress intervened, none of the detainees had any rights to a hearing of any kind, no rights to even learn what they were charged with.
“I am perfectly willing to err on the side of safety for the American people in the context of Islamic terrorism.”
It doesn’t make any of us safer to lock up people who had nothing to do with terrorism.