I second Sea Demon's diatribe on the situation.
This is a whole different breed than just a common criminal, combatant or war prisoner. This is new ground we are treading on. How this is handled will dictate how it will be handled in the future(hope there is none) and if it bungled as Holder is doing then look for the rest of it to be bungled from here on out. Truly, this is a delicate procedure and Holder is being as delicate as a bull in a China shop.