wasn't the main idea behind Gitmo that the detainees would not technically be on U.S. soil there and thus U.S. law would not apply to them? In that way Bush/Cheney could deny them any legal rights.
When detainees are moved to U.S. soil in the process of closing Gitmo they will then become subject to U.S. law and the protections and rights it affords like anybody else. I don't see any legal way around that. Once on U.S. soil I don't know why a detainee could not be classified as a mental health case or any other designation deemed appropriate/necessary.
I haven't concluded yet that Obama intends to detain anybody indefinitely without some kind of due process. Transferring detainees to U.S. soil may in fact start that process in motion.
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