"Obama Administration Weights Indefinite Detention"

In part, because Ahmed Ghailani was "almost aquitted" (he wasn't). 

"The jury came within one count of acquitting him entirely," says Benjamin Wittes, a senior fellow at the Brookings Institution. "And had that happened that would have put the government in an enormously difficult position because if you hold a trial and somebody is acquitted, it kind of violates our sense of what a trial is to say, well, we're going to hold him anyway."

Hmm, seems like there's something else that violates our sense of what a trial is.