Guantanamo Bay is like the witch hunts in the medieval ages in the sense that when somebody was accused of being a witch there was no meaningful recourse.

Gitmo is the same. Most inmates have not been tried, some have been tortured (and are hence considered "untriable").

For a country that claims to follow the "rule of law" this is a strange affair to be in. The "rule of law" way of out this is to bring these people to the US, and try them. If they cannot be convicted they are free. I believe that the long term cost/risk of not doing this is higher than any potential damage the inmates could do.