After being imprisoned for more than four years at Guantanamo Bay and enduring what he described as "medieval" forms of torture, British detainee Binyam Mohamed was released and allowed to return to his home in the UK. But the question of what should happen to the remaining prisoners still held at Guantanamo has not been resolved. Since the Supreme Court ruled that detainee cases could be reviewed by federal judges, 23 Guantanamo prisoners have been declared not to be enemies of the United States. Yet 20 of those 23 remain at Guantanamo.

And the Obama administration—currently reviewing the status of enemy combatants held at the prison--has yet to determine whether it will do away with preventive detention for terrorist suspects.

Jane Mayer writing in the New Yorker notes that, “The Obama Administration has indicated that it hopes to return the majority of the detainees to other countries, or to try them in civilian and military courts. The looming question, however, is whether there is a category of terror suspect whose status precludes such options.”

Vince Warren of the Center for Constitutional Rights, Army Lieutenant Col. Darrel Vandeveld, a former military prosecutor at Guantanamo who resigned in September of last year, and Law Professor Vijay Padmanabhan discuss how the United States should address the legal status of the remaining prisoners at Guantanamo.