If he's an enemy combatant and is headed for an eventual military tribunal or something, they don't have to charge him and it makes sense for their side not to. Especially if it eventually moves to criminal court. Once they get into criminal court there is a process of discovery where both sides get access to all the facts and such.
It's scary to imagine a system where anyone can be picked up and held. But I believe there is still a process of rigorous judicial review even in the Patriot Act so it's not quite as scary as it seems at first glance. Still scary but a little less scary. But my opinion is still that the worst gumint screwups happen when we're not watching, and people are watching this like hawks.
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