"We don't know what to do with them" and "they can't be on U.S. soil"
These arguments about Gitmo prisoners are bogus. It's disingenuous to suggest there are no precedents.
For example, from Wikipedia:
Sheikh Omar Abdel-Rahman (born May 3, 1938) is a blind Egyptian Muslim leader who is currently serving a life sentence at the Butner Medical Center which is part of the Butner Federal Correctional Institution in Butner, North Carolina, United States. His inmate registration number is 34892-054.[1] Formerly a resident of New York City, Abdel-Rahman and nine others were convicted of "seditious conspiracy",[2] which requires only that a crime be planned, not that it necessarily be attempted. His prosecution grew out of investigations of the World Trade Center 1993 bombings.
We even controversially prosecuted and convicted his defense lawyer Lynne Stewart for facilitating his communications with Al-Gama'a al-Islamiyya in Egypt..
Another example, wikipedia again:
Ahmed Ressam, an Algerian living in Canada, planned to bomb Los Angeles International Airport (LAX). He was arrested at Port Angeles, Washington after crossing by ferry from Victoria, British Columbia, on December 14, 1999. Customs officials then found nitroglycerin and four timing devices concealed in a spare tire well of his automobile. He and three other Algerians stood trial for the crime. Ressam began cooperating with investigators in 2001. On July 27, 2005, he was sentenced to 22 years in prison.
Then there's that other oldie but goodie, United States of America. vs. Usama bin Laden et.al., defendants (PDF here and fascinating reading) and all that followed it.
That's not to say we haven't ruined cases against some of them nor to dismiss the problems associated with foreign nationals being picked up by military on foreign shores. But we have dealt with this in other ways.











