When I spoke to Major Eric Montalvo, Mohammed Jawad's military defense attorney, earlier this morning, he made a separate point about Jawad being released that I think is worth highlighting--namely, how Jawad's release may affect our relationship with the Afghan government.
"They will be able to assert their sovereignty in a meaningful way which can only improve the relationship between our government and the Karzai government," Montalvo says. "I believe that the strategic benefits of this decision will bolster our efforts as we move forward in the struggle against extremist ideology."
The strategic consequences of American lawlessness in dealing with detainees was important enough for the Obama administration to order Gitmo closed--but ultimately, the strategic benefits will be short-lived if the U.S. arbitrarily detains individuals whom it has no evidence against, whether Gitmo is open or not.
-- A. Serwer