But now that President Obama will try enemy combatants in military tribunals, it is magically good!
Asked at a Senate hearing last week if the administration would abandon the Guantanamo system, Defense Secretary Robert Gates answered: "Not at all."
"The commissions are very much still on the table," Gates said, adding that nine Guantanamo detainees are already being tried in military tribunals.
Gates also alluded to the administration's likely request for Congress to tweak to law that created the Guantanamo legal system.
"Should there be any changes to the military commission law, if the decision is made to retain the military commissions?" he asked rhetorically.
Attorney General Eric Holder went further at a recent House hearing, saying the military commissions still could be used but "would be different from those that were previously in place."
All the tribunals need are liberal applications of the soothing balms of hope and change, and all is good!