Victory on preventive detention law: in context

(updated below - Update II)

When Barack Obama gave his "civil liberties" speech at the National Archives in May, he advocated a new scheme of preventive detention for detainees whom he claimed "cannot be prosecuted yet who pose a clear danger to the American people," and he unambiguously vowed to develop a new statutory regime, enacted by Congress, to vest him with the power of what he called "prolonged detention":

I know that creating such a system poses unique challenges. . ...