Charlie Savage reports that a federal appeals court has reversed a lower court’s order to free a Yemeni national detained at Guantanamo on suspicion of being a member of al-Qaeda. Here’s his description of the reasoning employed:

Judge Kessler examined each piece of evidence and found each insufficient to declare him part of Al Qaeda, arguing that flawed accusations cannot be assembled into a persuasive mosaic.

But Judge Randolph criticized that logic as “a fundamental mistake that infected the court’s entire analysis.” He argued that the evidence should be piled together as mutually corroborative because it is probable that a person with many suspicious indicators was part of Al Qaeda.

From an intelligence perspective, that’s probably persuasive. From a law-enforcement perspective, that’s probable cause. (I guess. I’m not a lawyer.) But for evidence justifying indefinite detention without charge?