Randy Beck: Read the report and you'll see that many of them are in custody simply because they're members of al Qaeda, the Taliban, or an affiliate.

-- yeah. Any member of a terrorist group is a legitimate target for killing or capture. Any member captured is an enemy combatant and may be kept indefinitely.

Again, it's not a criminal investigation and nobody's being arrested for trial. They're on the other side and you kill or capture them as opportunity offers.