Yup. The law is the law, or it's not. If they can't bring the accused before a judge, he should be freed. When the government overreacts and becomes arguably insane, there are adverse consequences. Let them contemplate that while they are declaring that we are nothing but serfs to be ordered about at will by any level of government that has also lost it's collective mind.
Thats exactly what is driving the DOJ here. Theyre asking congress to establish by law some kind of process that addresses the simple dilemma facing Federal courts right now.