If a recent report is any indication, the majority of enemy combatants being held "indefinitely" will be released if they decide to challenge their confinement. The report by the Washington Post, found that out of 41 prisoners who have challenged their confinements, 32 have been released and 9 have continued to be detained.
In the cases where prisoners have been released from confinement, judges are finding the evidence against them is "profoundly unreliable." For the most part, judges are finding that much of the evidence comes from the prisoner’s own admissions. These admissions, however, are questionable because of coercive interrogation techniques. In a number of cases, the government has not contested claims of coercion.
The results are even more stunning when considering the "preponderance of evidence" standard that is applied. Under that standard, if the government is able to slightly tip the evidentiary scales in their favor, the detention should be deemed justified.
As the media continues to uncover more and more evidence of harsh interrogation techniques that are akin to torture than anything else, the public outcry will only grow stronger. A strong public outcry may lead Congress to pressure the administration to consider the detention cases of every detainee, whether the detainees elect to challenge them or not.