Tribunals: An Excuse To Exhaust Habeas Rights For Indefinite Detainees?

This point has been overlooked in the first round of coverage about President Obama's decision to use military commission tribunals for some of the Gitmo detainees: according to an administration official, most of the remaining 241 detainees will be afforded Article III trials -- that is,  fully-fledged, regular trials, unless they're released without trial. Some of them might be shunted to a newly-created national security court, if the administration and Congress team up to create one.  The remaining detainees -- presumably dangerous folks who the administration wants to detain but who haven't had the right type of evidence accumulated against them -- will be tried by the military. The AP says about 20 military commissions will be held.

On first read, then, the military commissions are being used as a way to justify indefinite detention -- to create a means through which habeas corpus rights for these prisoners can be exercised (but not fully granted) and then exhausted.

One question: it's totally true that the criminality, so to speak, of the Gitmo detainees ranges from innocent to murderous.  Where does the administration draw the lines -- release, Article III, commission -- and in doing so, do the lines appear capricious enough to provoke the ire of the regular judicial system and Congress?