This shows a deep misunderstanding of the situation. The Taliban and Al Qaida were always criminals. Its not like they are simply members of the Afghan and Iraqi armies that were present before the United States entered, they are a small minority of religious extremists that that are attempting to impose their idiotic beliefs on other nations.
With that in mind, those who are in Guantanamo that are suspected members of the Taliban and Al Qaida should not be held indefinitely without charges or trial. If we have evidence, we should prosecute them. If not, we should release them after a reasonable amount of time.
I'm a former Soldier and I know how much it would suck to know in your heart that a person you detained, was in fact a terrorist, yet they walk due to a lack of evidence. However, if we don't observe the rule of law, there won't be an America to defend anymore.
I'm inclined to believe that quite a few of the people in Guantanamo are guilty. But we also know for a fact that certain groups, such as bounty hunters, were shipping lots of innocent folks off to prison simply for being in the wrong place at the wrong time. We need to start looking for these innocents and set them free in a timely manner. We already have enough blood on our hands.