Which One is Which ?

One of these men has been indicted by a United States Grand Jury on five counts of perjury, obstruction of justice and making false statements. The charges followed a two-year investigation. President Bush says he is "innocent until proven guilty". His crimes involve the leaking of the name of a CIA officer's name which may have done incalculable damage to our fight against the proliferation of nuclear weapons.
The other man is a United States citizen who has been in a U.S. jail for 1273 days (more than three years) without any charges or any trial of any kind. That's because President Bush says he is an "enemy combatant". His crimes may be imaginary, illusory or nonexistent. In any event, they have not harmed the United States at all.
Can you tell which is which ?