Who Will Be To Blame When The Legal Dominos Fall?

The W, Rove and Co (well, I suppose we should subtract the Rove portion after he exits at the end of this month. But for now, I'll continue to use this label as Rove is as responsible if not more so than the others for building the house of cards that is this current administration.) have to let the nasty terrorists they are holding in Gitmo go for violating their rights and not putting them on trial, who's to blame?

No doubt the GOP propaganda machine will blame it on "activist" judges, the term they use whenever they don't like the outcome of a trail. But on the the whole, I think we aught put more faith in the system that our forefathers wisely put into place:

Many people around the world have come to question America’s commitment to the rule of law. There are few places in the world where that principle is more hallowed than in the United States federal courts. The best course of action now, in dealing with terrorism suspects, is to use these courts — the keystone of American jurisprudence — and show the world that America can protect itself while it respects the rule of law.

It would help if the current administration actually respected the rule of law rather than place themselves above it. Thus, I don't see this happening under the current regime, do you?