The difference is Obama is going to setup a new system to system to carry out the judicial process. Currently they are tried through a military tribunal system. Though McCain may have closed Guantanamo he would have kept the current tribunal system.
So, is developing a new system risky? Well before President-elect Obama gets excited about undoing the Bush Administration, he should take note that we have not had any terror attacks since September 11, 2001.
Fox News article
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