Five years later

Another example of why the Constitution is so good, and the Bush administration so bad.

An Algerian man believed to be the last domestic detainee still in custody from a national dragnet after Sept. 11 — and who was cleared of links to terrorism in November 2001 — was set free this week, his lawyer said Friday.

Benemar Benatta, 32, went to Ontario, Canada, where he is seeking political asylum, after being released from a Buffalo immigration lockup Thursday, attorney Catherine Amirfar said.

"After five years, he had become all but hopeless," she said. "Now he's cautiously optimistic."

Benatta was among 1,200 mostly Arab and Muslim men detained nationwide as potential suspects or witnesses in the investigation following the terrorist attacks. The government has refused to discuss their fate, but human rights groups have said they believed the former Algerian air force lieutenant was the only one still in custody.

Heather Tasker, a spokeswoman for the U.S. attorney in Manhattan, refused to discuss Benatta's release, which was first reported by The Washington Post.

So I guess that leaves only the untold number of detainees held at Gitmo and CIA black sites around the world without charges.

Of course, the government isn't talking about them, either.