This will almost certainly mean the man will walk free.
(Ask any lawyer.)
The only way around this result (that I can imagine) is to try him (where I believe he should be tried) in a military court. Believe it or not (and it is difficult!) Senator McCain came out right on this issue (see today’s news stories).
Do as Obama wants and try these people in civilian courts and you can BET they will walk free, it is almost a certitude.
From our earliest history we’ve tried citizens who do things like this in civilian courts.
Got to conclude that’s the constitutional way.
Of course there’s been a lot of non-constitutional “rights” created by the courts and legislatures for suspects over the years that spoil the system.