-- Those who have violated American criminal laws and will be tried in federal courts;
-- Those who violated the laws of war and are best tried through military commissions;
-- Those who have been ordered released by the courts;
-- Those who can be transferred safely to another country;
-- Those who cannot be prosecuted, but pose a clear danger to the American people.
Those seem like sensible distinctions. There's something sort of commonsensically Thomistic about splitting hairs until you actually know what kind of hair you're dealing with.