Point is that shutting down Gitmo was something the Administration attempted to do and that Congress forcefully blocked.
Point is that shutting down Gitmo was something the Administration attempted to do and that Congress forcefully blocked.
"The President...shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment."
Article II, Section 2, Clause 1
They are detainees of the USA. He has full power to bestow each and every one of them a full unequivocal presidential pardon for all crimes accused and committed against the US. No if's, and's, or but's.
If you aren't willing to gamble that you'll need/get a Presidential pardon, then you clearly don't know enough to justify what you're about to do to the suspect.
That'd be a little less extreme, and a little more, I dunno, constitutional?