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Prosecutors argue that the military commissions system is better suited to handle terrorism cases than federal courts, in part due to the amount of classified material involved in the cases.

There are 166 detainees at Guantanamo — 34 of whom have been designated for prosecution, including those accused in USS Cole and 9/11 attacks, and 46 who could be detained indefinitely. Eighty-six have been cleared for release by a task force consisting of CIA, Defense Department, Justice Department and FBI officials.