In a short piece on The Intercept Glenn Greenwald has raised an interesting point. The most frequently cited reason for Obama's failure to make good on his campaign promise to close Gitmo is congressional obstruction. Now in the release of Gitmo prisoners in exchange for Bowe Bergdahl he is taking the position that congress lacks the constitutional power to bind him on such actions. Following that logic Greenwald argues that he must have the power to clean out the remaining population there.
What Excuse Remains for Obama’s Failure to Close GITMO?
But once you take the position that Obama can override — i.e., ignore — Congressional restrictions on his power to release Guantanamo detainees, then what possible excuse is left for his failure to close the camp?
Obama defenders seem to have two choices here: either the president broke the law in releasing these five detainees, or Congress cannot bind the commander-in-chief’s power to transfer detainees when he wants, thus leaving Obama free to make those decisions himself. Which is it?