As Tariq Ba Odah wastes away in Guantanamo, the US government denies him rights he is entitled to either as a military prisoner or as an arrested person.
A few dozen prisoners in Guantanamo may have committed real crimes. There are a few handfuls who might fight against the US if released — but given the thousands of jihadis now fighting for PISSI, these few would change nothing. Some of them might find PISSI so barbarous (by the standards of the jihadis of 2000) that they fight against it.
It would be better to release all the prisoners in Guantanamo immediately, than to undermine everyone's human rights and the rule of law by continuing to holding them without a fair trial.
I have no objections to holding some to prosecute them in a proper court, where there are grounds to do so.