Yes. We. Can. Unless of course, we can’t. In which case, well, that sucks:
A couple things about this: the first is that its an obvious disappointment to have Gitmo remain open when such a big deal was made about closing it. That’s not good politics, because it remains something Republicans can potentially make an “Obama is a pussy Democrat” argument with.
But the second thing is: lets be clear about the actual moral and legal problem. The problem is torture, suspension of habeas corpus and the lack of due process for Gitmo detainees. Closing the Gitmo prison (because remember: its still a military base that will not close) is a very nice thing for optics and politics, but does nothing in and of itself to make things better.
We still have people in Gitmo who have not been charged. And Obama also signed an order allowing the military to continue holding them. That’s probably because we don’t have anything to charge them with because the initial lockup was so poorly executed in the first place. Lest we forget: due process isn’t just a nicety for prisoners, it is also insurance against the kinds of wrongful imprisonments that undermine our rule of law.
We have lots and lots of people at Gitmo that represent (I am assuming) a direct threat to our safety and a direct threat to the legitimacy of our legal system. Scilla and Charybdis, if you will. And when faced with these two poles of certain doom, President Obama has chosen to punt. Again.
Thank you, President George Bush, for fucking up so completely. And thank you, President Barack Obama, for not having come up with a better solution than the status quo.