WHAT ABOUT HIS RIGHTS?

The AP reports that an Iraqi AP photographer who's been held by the U.S. without charges for more than 19 months will finally be heading toward a trial. The wingnuts went sticky-wet when he was first detained because they have long assumed that the AP is in cahoots with the insurgency and they can now barely contain themselves.

What I find disturbing is that he was held for so long without sufficient evidence:

Pentagon press secretary Geoff Morrell explained the decision to bring
charges now by saying "new evidence has come to light" about Hussein

So, going to trial requires a higher level of proof than indefinite detention? Didn't Habeas Corpus settle this question?