According to Commondreams.org and Democracy Now military prosecutors are asserting the United States government is able to hold a prisoner at Guantanamo Bay as long as it wishes. Being proven innocent in a military tribunal doesn't seem to matter, as they have also stated the person may still be indefinitely held.

The Senate is also considering a piece of legislation which will demand any foreigners who are even suspected of terrorist links to be held in military custody, outside of the usual American justice system