Gleen Greenwald makes a great point:

If it were really the goal of Terrorists to attack American prisons where their members are incarcerated and if they were actually capable of doing that, they already have a long list of “targets” and have had such a list for two decades. If U.S. civilian courts were inadequate forums for obtaining convictions of Terrorism suspects, then the above-listed individuals would not be imprisoned — most of them for life — while the Guantanamo military commission system still has nothing to show for it other than a series of humiliating setbacks for the Government. As is true for virtually every fear-mongering claim made over the last eight years to frighten Americans into believing that they must vest the Government with vast and un-American powers lest they be slaughtered by the Terrorists, none of these claims is remotely rational and all of them are empirically disproven.