The Obama strategy of prolonged detention definitely has a feel reminiscent of the Orwellian ‘thought police’, or seems like a scene out of the movie Minority Report where subjects were arrested for crimes they had not yet committed. Russ Feingold politely takes the president to task

My primary concern, however, relates to your reference to the possibility of indefinite detention without trial for certain detainees. While I appreciate your good faith desire to at least enact a statutory basis for such a regime, any system that permits the government to indefinitely detain
individuals without charge or without a meaningful opportunity to have accusations against them adjudicated by an impartial arbiter violates basic American values and is likely unconstitutional.

Read the letter in full Feingold letter to Obama