Today, as we pause to remember those who died in the terrorist attacks in the U.S. on 11 September 2001, we should also remember that much work still needs to be done to address the fallout from the Bush administration's extraordinary response to the attacks.

In Guantánamo, 225 men remain imprisoned, ostensibly in connection with these attacks, or with the "war on terror" that followed, even though, in all but a few dozen cases, they have never been charged with any crime, and only one man (Ali Hamza al-Bahlul) has been tried and convicted.

Two outstanding problems remain with Guantánamo. The first concerns the few dozen prisoners accused of involvement with the 9/11 attacks or other acts of international terrorism. As a result of the Bush administration's cavalier approach to the law, and its senseless and illegal approach to the use of torture, these men are still held without a trial date in sight.

If the Bush administration had treated 9/11 as a criminal act, and had built a criminal case against these men rather than torturing them in a network of secret prisons, they would probably have been tried and sentenced by now. As it is, however, only Ahmed Khalfan Ghailani has been put forward for a trial in a federal court, and the government plans to pursue other cases using a revamped version of the military commissions introduced by President Bush, which are damaged beyond repair.

To bring justice to these men -- and for justice to be seen to be done -- President Obama needs to pursue these cases in federal courts, knowing that no jury will fail to convict them if the government can produce any genuine evidence. The relatives of those who lost their lives on 9/11 deserve nothing less.

For the other prisoners at Guantánamo, the situation is more complicated. In June 2008, the U.S. Supreme Court ruled that they had constitutionally guaranteed habeas corpus rights. Since then, the district courts have granted 29 out of 36 habeas appeals, deriding the government for relying on dubious informers within Guantánamo, multiple levels of hearsay and weak "mosaics" of evidence, and dealing a mortal blow to the Bush administration's allegations that Guantánamo held "the worst of the worst".

These are unsurprising results, given that prisoners were never adequately screened (either on capture, or in the years since), and that many were sold to U.S. forces for bounty payments averaging $5,000 a head.