One of President
Part of the problem has been congressional obstructionism, but Obama also is to blame. Rather than veto defense authorization bills that limited his ability to transfer inmates, he has signed them, while raising questions about whether they intruded on his constitutional authority. And he hasn't pressed the
Now the White House says it is preparing to present
Opposition to closing Guantanamo involves two issues. One is whether even "low-risk" detainees should be released to their homelands or to some other country. The other is whether inmates — including dozens of more dangerous detainees the administration says it can neither release nor try — should be moved to the United States. The administration argues persuasively that "supermax" prisons in this country provide adequate protection for public safety.
We agree with Obama that Guantanamo has been a stain on America's reputation and a recruiting tool for terrorists. The administration should make good on its threat to veto a new
In a 2013 speech, Obama acknowledged that indefinitely detaining suspected terrorists without a trial was a problem but said it could be resolved "consistent with our commitment to the rule of law." The way to do so is to urgently revisit the question of whether supposedly high-risk detainees really pose a danger if they are released. The government should also take a fresh look at whether it really is impossible to prosecute some detainees because of missing or compromised evidence.
In the same speech, Obama warned that "history will cast a harsh judgment on this aspect of our fight against terrorism and those of us who fail to end it." The way to forestall such a judgment is to close Guantanamo and not reconstitute it elsewhere.