The AP, Gitmo war crimes court surprises some observers (By BEN FOX, March 5, 2012), has been told that about 35 Gitmo prisoners will probably be tried by military commissions. Seven MCA convictions have been obtained by jury verdicts or guilty pleas.

A majority of the remaining 171 prisoners will be not be prosecuted; but, they will be held in military detention until the USG declares the 2001 AUMF's armed conflict ended (e.g., the 1964 Tonkin Gulf AUMF was terminated by Congress), or until individual detainees are released by the Executive.

From the AP article:

Officials have said that about 35 prisoners at Guantanamo could eventually be tried in the first U.S. war crimes tribunals since the World War II era. That group includes five men accused of plotting the Sept. 11 attacks who are expected to be arraigned later this year on charges that carry a potential death penalty. It also includes a Saudi accused of helping set up the deadly bombing of the USS Cole in 2000 in another capital case.

But lower-level figures so far have appeared to fare better. Khan pleaded guilty to charges that included murder, attempted murder and spying for helping al-Qaida plot attacks in the U.S. and delivering money for a deadly hotel bombing in Indonesia. He will receive a sentence that cannot exceed 19 years, if he helps prosecute other prisoners, and could end up receiving less.

Omar Khadr pleaded guilty to throwing a grenade that mortally wounded an American soldier and received a sentence capped at eight years. He could be sent back to his native Canada, where some expect he will be quickly released. The Toronto-born Khadr was 15 when he was captured, and his advocates say he was abused early in his captivity. Still, he could have received a life sentence at the commission, and a civilian U.S. court would likely have given him one.

Two other men who pleaded guilty to aiding al-Qaida also secured deals that will get them home in the next several years. Salim Hamdan, who was convicted by a military jury of aiding terrorism in his work as a driver for Osama bin Laden, was sentenced to 5 1/2 years, including time served, and is back home in Yemen, reportedly working as a taxi driver.

The exception has been Ali Hamza al-Bahlul, who helped al-Qaida produce propaganda and handled media relations for bin Laden and refused to participate in his trial. He was convicted in November 2008 of multiple counts of conspiracy, solicitation to commit murder and providing material support for terrorism, and is serving a life sentence at Guantanamo.
Under the Intelligence Authorization Act, the DNI is required to issue a Summary of the Reengagement of Detainees Formerly Held at Guantanamo Bay, Cuba. As of as of 29 December 2011, 599 detainees had been released by transfer with a confirmed reengagement rate of 15.9%, and an added 12% suspected.

Here is the summary:



Note that none of these transferred detainees were released by compulsion of a Federal court. The DC Circuit has specifically held that Federal courts do not have jurisdiction to compel the Executive to release a non-citizen Gitmo detainee. Thus, the orders granting habeas to detainees have been "advisory opinions" in effect.

Regards

Mike