"Closing Guantánamo will be an empty gesture if we just reopen it on shore under a different name. While it's encouraging that the administration is attempting to meet the deadline for closing Guantánamo, any arrangement that allows indefinite detention without charge or trial will leave in place the problems that led President Obama to order the prison closed in the first place.

Prisoners suspected of terrorism-related crimes should be charged and tried in federal courts that adhere to the rule of law and due process. These courts have shown themselves capable of handling complex terrorism prosecutions while affording defendants the procedural protections that the Constitution requires. Given that the federal courts are fully capable of handling these prosecutions, a new system of indefinite detention without charge or trial would be not only unconstitutional but unnecessary as well.