So, you just want to let them go? Forget all this trial business and just SAY that up front....
If the military can't prove that they should be held, then yes they should be released. Right now there are 46 people there who are designated to be detained indefinitely because the military says they are too dangerous to release, and that there is insufficient evidence to prosecute them. That doesn't sit right with me, I don't like the idea of that. If the military can prove that they are too dangerous to release, fine, let them. If the military just wants to claim that they are very dangerous but they have no evidence then I don't like what that says about us as a country.
I realize that several of those people that might get released would try to fight us again, and frankly I'm more comfortable with that possibility than letting our military just claim that they are going to be held indefinitely without trial. If they get released and go right back to the battlefield, fine, we'll kill them on the battlefield. If they want to plot attacks then what's the difference if it's them plotting or one of the existing free people plotting? Either way, the intelligence services should be able to do their job and stop the attacks, and then you have evidence that you can use to try them and legitimately lock them away. If the people have no desire to fight at all, and they don't want to plot, they just want to go try to live their lives, then I don't want my military keeping them locked up just because the military claims they are dangerous.
I don't see much of a very valid reason why they should have fewer rights than I do, I don't see much of a reason why the military should be able to lock them up indefinitely because there isn't enough evidence to charge them. I just don't like it, that's not who we are supposed to be as a country. The fact that those people may (or may not) have taken up arms against our soldiers doesn't diminish their humanity.