FEDERAL lawyers should adhere to a federal judge's ruling that five detainees who have been held since shortly after 9/11 without a shred of evidence of terrorist activity be released from the U.S. military prison at Guantanamo Bay. Their release should be a prelude to the closing of the prison, which has disgraced the United States.

U.S. District Judge Richard J. Leon ordered the release last week of five Algerian men arrested in Bosnia seven years ago on secret evidence that the judge learned in closed hearings amounted to “;a classified document from an unnamed source.”;

He urged the Justice Department not to appeal the case, which could delay their release for as much as two years. If the case has not been withdrawn by the time Barack Obama enters the White House, his Justice Department should do so. The judge ruled that a sixth Algerian man is being lawfully detained because he was a facilitator for al-Qaida.

The Supreme Court ruled in June that detainees have a constitutional right to seek their release in federal court. The Justice Department is challenging attempts by more than 100 of the 250 detainees kept at Guantanamo Bay to challenge the the U.S. accusations in court.

President-elect Obama has promised to close the prison but that will not be simple. His administration must determine which of the detainees could face trial and which ones are too dangerous to be released. In addition, Obama must decide what to do with about 60 detainees who have been cleared for release but fear mistreatment by their own governments. The next administration should find an acceptable third country for each of them.