I've preserved the emphasis of Ben Wittes, a senior fellow in governance studies at the Brookings Institution who writes at the always informative blog Lawfare. "The President's comments are bewildering because his own policies give rise to the vast majority of the concerns about which he so earnestly delivered himself in these remarks," Wittes commented. "Remember that Obama himself has imposed a moratorium on repatriating people to Yemen. And Obama himself has insisted that nearly 50 detainees cannot either be tried or transferred. True, he would hold such people in a domestic facility, rather than at Guantanamo Bay. But so what? Does the President not understand when he frets about 'the notion that we're going to continue to keep over 100 individuals in a no-man's land in perpetuity' that if Congress let him do exactly as he wished, he would still be doing exactly that -- except that the number might not reach 100 and the location would not be at Guantanamo?"
This is what vast swaths of the public, right and left alike, don't understand about Obama's position. Yes, he wants to close Guantanamo Bay, in the sense that he wants to shutter the island facility in Cuba. But he wants to continue indefinitely detaining people without charges or trial. And not just dangerous terrorists who can't be tried because the Bush Administration tortured them.
"For Obama to talk in the language of the ACLU when what he means is that he wishes to hold fewer people than are now at Guantanamo and to do so at Location B, rather than at Location A, is profoundly dishonest," Wittes adds. "If Obama had meant that he wants to bring to an end detention -- which is legitimate as long as hostilities continue -- as he brings hostilities to a close, he could have said as much very simply. He didn't need to go on a rant about how much we had learned about how to handle terrorists over the last ten years. He didn't need to wring his hands about how much damage Guantanamo does to America's image. He could simply have stated that detention under the laws of war is proper as long as hostilities continue, that he hopes to bring hostilities to a close in short order, that releases will be inevitable at that point, and that Congress should give him more flexibility with respect to transfers now. Instead, he described himself as fighting against a policy he has, in fact, adopted."