Obama's Guantanamo plan

Marjorie Cohn has a good concise summary of Obama's plan for Guantanamo detainees. Obama had promised he would close Guantanamo, but he has faced much opposition, for instance, Dick Cheney claims that closing it would endanger Americans, etc. Even Democrats have recently voted in the Senate to deny Obama the funds to close Guantanamo until he comes up with a more concrete "plan" to deal with the detainees. Reacting to this political pressure, Obama presented an "appeasement plan" to deal with the 240 detainees remaining in Guantanamo. This plan presents 5 ways in which detainees will be dealt with once Guantanamo is closed. According to Cohn, only #5 is acceptable, the other 4 ways are not:

1) Those who violated the laws of war will be tried in military commissions.
This would use the military commissions again, backtracking on a promise to eliminate them. Obama claims that his military commissions are improved, but they still have major problems: for instance, those tried in the military commissions are forbidden from seeing all the evidence against them, a violation of the bedrock principle that the accused must have an opportunity to confront his accusers.

2) Those who have been ordered released from Guantánamo will remain in custody.
Seventeen Uighurs from China were ordered released after they were found not to be enemy combatants. But they continue to languish in custody because they would be imperiled if returned to China, which considers them enemies of the state. Suggestions that they be brought to the United States have been met with paranoid NIMBY (not in my backyard!) protestations. So, under Obama's plan they will remain incarcerated in a state of legal limbo.

3) Those who cannot be prosecuted yet “pose a clear danger to the American people” will remain in custody with no right to legal process of any kind.
These are people who have never been charged with a crime. Obama did not say why they cannot be prosecuted.

4) Those who can be safely transferred to other countries will be transferred.
Obama noted that 50 men fall into this category. It is unclear what will happen to them when they reach their destinations.

5) Those who violated U.S. criminal laws will be tried in federal courts.
Obama cited the examples of Ramzi Yousef, who tried to blow up the World Trade Center, and Zacarias Moussaoui, who was identified as the 20th 9/11 hijacker. Both were tried and convicted in U.S. courts and both are serving life sentences.
This is the only clearly acceptable part of Obama's plan. All detainees slated to remain in custody should be placed into this category. The federal courts provide due process as required by the Fifth Amendment to the Constitution, which does not limit due process rights to U.S. citizens: “No person . . . shall be deprived of life, liberty, or property without due process of law.”