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When you do things like this that pollute your justice system, and confuse your rolls of criminals, and destroy your normal evidence process, and arrest people on hunches, or because some guy you are waterboarding, after he hasn't had sleep for a while, and was in total sensory deprivation for a month, and whose wife and kids you are also holding and threatening to rape and kill, spewed names and names and names, you don't really have justification even for waiting to find out who you really have.
And that's a big reason why I say the US has forfeited the right to hold, try, convict, and/or punish any of them.
If they are not released outright, they should be transferred to a neutral international party (yeah, try to find one) for disposition -- which could include trial, but not on any current concept of US "justice."
Maybe Ireland would take on the task...