This is why the legal technicalities are irrelevant. The President has the ultimate bully pulpit, and it sure ain't getting used on Gitmo.
Please don't tell me that it's a reasonable (legally or ethically) argument for keeping them imprisoned for decades.
Gitmo is already shockingly illegal or dangerously unethical; I don't see any interest by the US government to end it and take some of the heat for that.
If a guy like Nixon can get a pardon so that the country can move forward, then we can certainly do the same for whatever ahats are culpable for setting up Gitmo in the first place. Pardon the military and politicians responsible for their misguided patriotism and then start treating these unfortunate souls like humans again as one small step towards making the US live up to its lofty ideals again.
Look up "sovereign immunity".
I am, frankly, surprised that that nobody in the House has offered articles of impeachment so far. (checks) Well almost, but it died q uiet death in the House Judiciary committee: http://thomas.loc.gov/cgi-bin/query/z?c112:H.CON.RES.107:
This is one of those cases where only Nixon can go to China.
1. Assassination American citizens without trial (drone program)
2. War in Libya without congressional approval.
Are you saying that the president should have authority to order spending of non-government money?