The Obama administration is little different to the previous Bush regime:
The government is failing in more and more cases to produce evidence that the men it has imprisoned at Guantanamo belong there, according to ProPublica’s latest look at the lawsuits  that some 100 captives have filed in federal court to seek their freedom. But the Obama administration continues to challenge the courts’ authority to make it release the prisoners.
In 34 out of the 47 cases that have been decided so far — over 70 percent — detainees have won judgments that the United States is subjecting them to indefinite detention as al-Qaida or Taliban enemies without proof, and that they must be released. Federal judges have been reviewing classified intelligence and interrogation reports since June 2008, when the Supreme Court recognized the detainees’ right to sue. The remaining prisoners have been held seven years or longer.