They certainly did have a choice.  They chose not to take a losing case to court.  That Mr Khadr's rights were violated is no longer a matter of debate. The courts made that clear years ago.   If the government had gone to court it would have lost.  So, they did what all sensible litigants with a losing case do.  They settled it and in the process likely saved us all some money.  We live in a county where the rule of law matters.  Had Mr. Khadr's rights been observed, we would have avoided this mess.  And, proper due process might then have been allowed to hold Mr.Khadr accountable for his actions.  But, successive governments have screwed it up.  And that's why we are where we are.