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WP:
More from the NYT: "The case against the six men offered the latest example of the administration’s pattern of changing strategy in its legal defense of the detention camp. On the eve of the hearing before Judge Leon, the Justice Department said it was abandoning its claims about the embassy bombing plot. Instead, it claimed in court that the men had been planning to go to Afghanistan to fight Americans. The Justice Department has not said whether it plans to appeal Judge Leon’s ruling. The transfer, which was expected to be completed Monday night, was the first indication that the government had concluded it could no longer fight to keep the men detained."The Bush administration has decided to transfer three Algerian detainees to their adopted homeland of Bosnia and Herzegovina, a decision that partially complies with the order of a federal judge who said last month that five Algerians should be released "forthwith," rejecting government allegations that the men were dangerous enemy combatants.
But Lakhdar Boumediene, the Algerian whose name is associated with a landmark Supreme Court decision regarding the legal rights of those held at the Guantanamo Bay, Cuba, naval base, remains in limbo despite the U.S. District Court ruling and the imminent release of his countrymen.
Administration officials and other sources, who declined to be identified because of the sensitivity of the issue, said today that authorities at the base have begun to prepare for a transfer, a process that includes moving detainees to a pre-release facility at Guantanamo and their conducting exit interviews with the International Committee of the Red Cross. Three of the men have had exit interviews in recent days, sources said.