That’s the separation of powers at work, which is desirable. Congress has to (and can) do it. Obama, unlike Trump, would sometimes back down when he met the edges of executive authority. That’s how it should be.
I wanted Gitmo closed, but I don’t want it closed in a way that further expands the executive branch by once again nibbling at the edges of another branch’s authority.
Plenty of countries that are well-run democracies don’t have separation of powers between the legislature and the executive — the UK is one of many examples.
Separation between the executive and the judiciary is important, but separation from the legislature doesn’t really seem to be.
Even among countries that do have such a separation, the US is unique in making it so difficult for the legislature to pass anything, which IMO is the most serious flaw in its system. The permanent deadlock is what creates such a temptation for the executive to circumvent the rule of law and try to seize power wherever it can.
At ~all times for a long period of time during Gitmos operation, there was at least one (revolving) prisoner that no nation on earth would take. I think that was the biggest challenge for someone who actually wanted to close gitmo, to close it. Not clear where you would put them that wouldn't be yet another prison.
I guess now that the US has normalized relations with the Taliban, maybe they'll end up sending them to them, not sure who else will take the last ones.
They should stand trial in a US court, and if they’re acquitted, they should be set free, like anyone else. That’s a pretty fundamental principle of the rule of law.
If they’re indeed innocent and can’t be deported because nobody will take them, then they have to be allowed to stay in the US. That’s unfortunate but not really their fault given that the US brought them into its jurisdiction against their will in the first place.
It seems transparently unfair to capture someone and then keep them forever because nobody else wants them.
A lot of them were captured for things like simply having an F91W watch and also being proximal or familial to a terrorist. They were initially wanted but then once 'cleared' the problem became once accused as a terrorist no country on earth wanted to take them even if they were cleared as likely innocent.
Obviously it was also politically infeasible to admit them into the general US.
I wanted Gitmo closed, but I don’t want it closed in a way that further expands the executive branch by once again nibbling at the edges of another branch’s authority.